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Author : Yves Derains
Publisher :
ISBN 13 : 9789284213634
Total Pages : 273 pages
Book Rating : 4.2/5 (136 download)
Download or read book Evaluation of Damages in International Arbitration written by Yves Derains and published by . This book was released on 2006 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John A Trenor
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377527
Total Pages : 396 pages
Book Rating : 4.9/5 (123 download)
Download or read book Guide to Damages in International Arbitration written by John A Trenor and published by Law Business Research Ltd.. This book was released on 2016-11-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Arbitration Review's The Guide to Damages in International Arbitrationis a desktop reference work for those who'd like greater confidence when dealing with the numbers. The guide, edited by John A. Trenor of Wilmer Cutler Pickering Hale and Dorr LLP, covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. For each of the major methodologies employed by damages experts the book describes the basics of the approach, the areas of general agreement, and the points at which consensus can break down. The book acts as a compass for non-accountants and non-economists, enabling them to argue or umpire the damages part of cases more effectively. This guide contains 27 chapters, sectioned into four parts: I. Legal Principles Applicable to the Award of Damages II. Procedural Issues and the Use of Damages Experts III. Approaches and Methods for the Assessment and Quantification of Damages IV. Industry-Specific Damages Issues. Contributors include top names at organisations like White & Case LLP, Freshfields Bruckhaus Deringer LLP, PricewaterhouseCoopers LLP and Victoria University. 'The Global Arbitration Review Guide to Damages in International Arbitration covers most issues likely to be faced by arbitrators, counsel and experts. The twenty-six chapters are written by experts in their respective fields. Their advice is down to earth and practical. The Guide fulfills the aim described by John Trenor in his Introduction: "e; to make the subject of damages in international arbitration more understandable and less intimidating for arbitrators and other participants in the field and to help participants present these issues more effectively to tribunals."e;'- Anthony Connerty, Barrister in practice, IDR Group and 4-5 Gray's Inn Square
Author : John A. Trenor
Publisher :
ISBN 13 : 9781789150988
Total Pages : 497 pages
Book Rating : 4.1/5 (59 download)
Download or read book The Guide to Damages in International Arbitration written by John A. Trenor and published by . This book was released on 2018 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sergey Ripinsky
Publisher : BIICL
ISBN 13 : 9781905221240
Total Pages : 616 pages
Book Rating : 4.2/5 (212 download)
Download or read book Damages in International Investment Law written by Sergey Ripinsky and published by BIICL. This book was released on 2008 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
Author : John A. Trenor
Publisher :
ISBN 13 : 9781838629083
Total Pages : 0 pages
Book Rating : 4.6/5 (29 download)
Download or read book Damages in International Arbitration Guide written by John A. Trenor and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : ICC Institute of World Business Law. Meeting
Publisher : Kluwer Law International
ISBN 13 : 9789041160942
Total Pages : 0 pages
Book Rating : 4.1/5 (69 download)
Download or read book Evaluation of Damages in International Arbitration written by ICC Institute of World Business Law. Meeting and published by Kluwer Law International. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Characteristics of Recoverable Damages in International Arbitration /Paul-A. Gélinas --Mitigation of Damages /Alexander S. Komarov --The Expectation Model /Jan Paulsson --The Obligation to Mitigate Damages /Yasuhei Taniguchi --Punitive and Exemplary Damages in International Arbitration /Jacques Werner --Damages in Investor-State Arbitration: Applicable Law and Burden of Proof /Hugo Perezcano Diaz --Recovery of Damages for Breach of an Obligation of Payment /Nayla Comair-Obeid --Means to be Made Whole: Damages in the Context of International Investment Arbitration /Henry Weisburg and Christopher Ryan --Problems of Delay and Disruption Damages in International Construction Arbitration /Mr. Justice Vivian Ramsey --The Parties' Costs of Arbitration /Bernard Hanotiau.
Author : Christina L. Beharry
Publisher : BRILL
ISBN 13 : 9004357793
Total Pages : 516 pages
Book Rating : 4.0/5 (43 download)
Download or read book Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration written by Christina L. Beharry and published by BRILL. This book was released on 2018-04-12 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
Author : Irmgard Marboe
Publisher : BRILL
ISBN 13 : 9004372385
Total Pages : 92 pages
Book Rating : 4.0/5 (43 download)
Download or read book Damages in Investor-State Arbitration written by Irmgard Marboe and published by BRILL. This book was released on 2018-05-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.
Author : Mikael Ouaniche
Publisher : Bruylant
ISBN 13 : 2802772414
Total Pages : 309 pages
Book Rating : 4.8/5 (27 download)
Download or read book Compensation for Damage in International Investment Arbitration written by Mikael Ouaniche and published by Bruylant. This book was released on 2022-09-09 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to combine a legal and an economic approach to the violation of international investment law and the evaluation of their financial consequences. It is intended for arbitrators, lawyers, legal experts and financial experts. It will also be useful for academics who study this issue, which crosses disciplinary lines. The cross-disciplinary approach proposed by Mikael Ouaniche and Stéphane Prigent in this original work reflects the dual nature of the debates that irrigate the practice of State-investor arbitration, through a rigorous analysis of arbitral case law. As Laurent Jaeger, President of the French Arbitration Committee, who prefaced the book, says: “Lawyers and arbitrators will be able to improve their understanding of economic and financial valuation methods; experts will be able to improve their understanding of the underlying legal mechanisms. [...] It took all the experience and talent of Mikael Ouaniche and Stéphane Prigent to marry law, economics and finance so harmoniously”.
Author : Mark Kantor
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127356
Total Pages : 430 pages
Book Rating : 4.0/5 (411 download)
Download or read book Valuation for Arbitration written by Mark Kantor and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a clear understanding of the nuts and bolts of valuation approaches for business investments, including market, income and asset-based methods. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The bookands many practical recommendations explore the decision making processes entailed in three central aspects of the arbitratorands role: and advance planning to enhance understanding of expert valuation evidence; and identification of andapples-to-orangesand miscomparisons; and and recognition of the true comparability between the business at issue and other examples offered in the expert evidence. The presentation focuses not only on the legal standards applicable to the valuation (full or adequate compensation, reparations, restitution, actual loss, fair market value, fair or reasonably equivalent value, lost profits, etc.), but also on the informed judgment and reasonableness that must enter into the process of weighing the facts of each case and determining its aggregate significance. The book considers common valuation methods like discounted cash flows, adjusted present values, capitalized cash flows, adjusted book values and comparable sales and transactions. Additionally, it addresses means for arbitrators to assess expert valuation evidence in complex business investment disputes. andquot;Best book 2008 of the OGEMID awards!andquot;
Author : Herfried Wöss
Publisher : OUP Oxford
ISBN 13 : 9780199680672
Total Pages : 0 pages
Book Rating : 4.6/5 (86 download)
Download or read book Damages in International Arbitration under Complex Long-term Contracts written by Herfried Wöss and published by OUP Oxford. This book was released on 2014-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed analysis of the legal and financial matters arising from the formulation of claims to the award of damages and loss of income, in the case of breach of long-term complex contracts in international arbitration. It tackles the challenges of structuring claims and awarding damages, with focused examination of the but-for method.
Author : Irmgard Marboe
Publisher :
ISBN 13 : 9780191773600
Total Pages : pages
Book Rating : 4.7/5 (736 download)
Download or read book Calculation of Compensation and Damages in International Investment Law written by Irmgard Marboe and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with the issue of valuation of legal claims in international dispute settlement proceedings, especially in the context of foreign investment, this text provides an analysis of the practice of international courts and tribunals as regards the valuation of claims of individuals against foreign states.
Author : Sherlin Tung
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506423
Total Pages : 440 pages
Book Rating : 4.4/5 (35 download)
Download or read book Finances in International Arbitration written by Sherlin Tung and published by Kluwer Law International B.V.. This book was released on 2019-11-26 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finances in International Arbitration Liber Amicorum Patricia Shaughnessy Edited by Sherlin Tung, Fabricio Fortese & Crina Baltag Costs of arbitration has always been a main concern in international arbitration. It is a topic most often discussed and analyzed. In spite of the recent developments in thirdparty funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. As the founder of the world’s leading international commercial arbitration Master’s programme, Dr Patricia Shaughnessy is a huge advocate of communicating recent and important developments in international arbitration and has written and spoken extensively on such matters. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday. The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following: costs arising out of Third-Party Funding; costs of court proceedings versus arbitration proceedings; fee arrangements with legal counsel; costs of commercial versus investment arbitration; how to deal with in-house costs in international arbitration; impact of tribunal secretaries in international arbitration; cost sanctions in international arbitration; damages in international arbitration. The analysis and views offered by leading scholars and practitioners on current day issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration.
Author : John Norton Moore
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004249311
Total Pages : 174 pages
Book Rating : 4.0/5 (42 download)
Download or read book International Arbitration written by John Norton Moore and published by Martinus Nijhoff Publishers. This book was released on 2013-03-15 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is a staple of international dispute resolution. Though the international community now has a plethora of courts and tribunals at its disposal, for numerous reasons international arbitration remains a central mechanism—perhaps even the central mechanism in third-party resolution of international commercial disputes. International Arbitration: Contemporary Issues and Innovations brings together some of the world’s most distinguished experts to examine important contemporary issues and trends in international arbitration. The volume offers a broad range of analysis beginning with current key procedural issues. Both Private and Public International Law are examined, including such topics as investor-state relations, arbitration in the law of the sea and human rights and investment arbitration.
Author : Dogan Gultutan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540435
Total Pages : 296 pages
Book Rating : 4.4/5 (35 download)
Download or read book Moral Damages under International Investment Law written by Dogan Gultutan and published by Kluwer Law International B.V.. This book was released on 2021-12-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library# 62 The much-debated fragmentation of international law, most clearly manifest in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages at the expense of moral damages. This timely groundbreaking book seeks to remedy the unfairness and injustice that flows from this difference in treatment by offering a thorough review of the underlying rules and principles of international law relating to moral damages claims, with a view to considering the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The analysis covers such central issues as the following: who should be entitled to seek moral damages; the legal test to determining moral damages claims, in respect of both substantive and evidential issues; applicability and scope of the theory of corrective justice in moral damages claims; the victim status of natural persons, corporations, and investors’ employees in investor-state disputes; quantification of moral damages; what the precise nature of the compensation ought to be; and role of the theory of law and economics in the context of moral damages claims. Decisions of international human rights courts are examined to assess, by way of comparison, the appropriateness of the stance taken by international investment tribunals. This is the first in-depth treatment of the important question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages, as well as the remedies available and the quantification exercise guiding compensation. The analysis will prove invaluable to practitioners and academics eager to enhance their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.
Author : Herfried Wöss
Publisher :
ISBN 13 : 9780191819667
Total Pages : 357 pages
Book Rating : 4.8/5 (196 download)
Download or read book Damages in International Arbitration Under Complex Long-term Contracts written by Herfried Wöss and published by . This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs.
Author : Mikael Ouaniche
Publisher :
ISBN 13 : 9782802771401
Total Pages : 0 pages
Book Rating : 4.7/5 (714 download)
Download or read book Compensation for Damage in International Investment Arbitration written by Mikael Ouaniche and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fondée sur la jurisprudence et la doctrine, une analyse économique et juridique des arbitrages entre Etats et investisseurs, notamment pour comprendre le calcul des préjudices. ©Electre 2022.
