Calculation of Compensation and Damages in International Investment Law

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Publisher : Oxford International Arbitrati
ISBN 13 : 9780198749936
Total Pages : 0 pages
Book Rating : 4.7/5 (499 download)

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Book Synopsis Calculation of Compensation and Damages in International Investment Law by : Irmgard Marboe

Download or read book Calculation of Compensation and Damages in International Investment Law written by Irmgard Marboe and published by Oxford International Arbitrati. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.

Calculation of Compensation and Damages in International Investment Law

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Publisher : OUP Oxford
ISBN 13 : 9780199551712
Total Pages : 0 pages
Book Rating : 4.5/5 (517 download)

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Book Synopsis Calculation of Compensation and Damages in International Investment Law by : Irmgard Marboe

Download or read book Calculation of Compensation and Damages in International Investment Law written by Irmgard Marboe and published by OUP Oxford. This book was released on 2009-08-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the issue of valuation of legal claims in international dispute settlement proceedings, especially in the context of foreign investment. It provides an analysis of the practice of international courts and tribunals as regards the valuation of claims of individuals against foreign States.

Calculation of Compensation and Damages in International Investment Law

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Publisher :
ISBN 13 : 9780191826405
Total Pages : 0 pages
Book Rating : 4.8/5 (264 download)

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Book Synopsis Calculation of Compensation and Damages in International Investment Law by : Irmgard Marboe

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 2017 with total page 0 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.

Calculation of Compensation and Damages in International Investment Law

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Publisher :
ISBN 13 : 9780191067037
Total Pages : 556 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Calculation of Compensation and Damages in International Investment Law by : Irmgard Marboe

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 2017 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This] this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice. This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings."--

Damages in International Investment Law

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Publisher : BIICL
ISBN 13 : 9781905221240
Total Pages : 616 pages
Book Rating : 4.2/5 (212 download)

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Book Synopsis Damages in International Investment Law by : Sergey Ripinsky

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.

Compensation for Damage in International Investment Arbitration

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Publisher : Bruylant
ISBN 13 : 2802772414
Total Pages : 309 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Compensation for Damage in International Investment Arbitration by : Mikael Ouaniche

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”.

The Guide to Damages in International Arbitration

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Publisher :
ISBN 13 : 9781838622121
Total Pages : 503 pages
Book Rating : 4.6/5 (221 download)

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Book Synopsis The Guide to Damages in International Arbitration by : John A. Trenor

Download or read book The Guide to Damages in International Arbitration written by John A. Trenor and published by . This book was released on 2020 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

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Author :
Publisher : BRILL
ISBN 13 : 9004357793
Total Pages : 516 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by : Christina L. Beharry

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.

Damages in Investor-State Arbitration

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Publisher : BRILL
ISBN 13 : 9004372385
Total Pages : 92 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Damages in Investor-State Arbitration by : Irmgard Marboe

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.

Investor-State Arbitration

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Author :
Publisher : Oxford University Press
ISBN 13 : 019979572X
Total Pages : 818 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Investor-State Arbitration by : Christopher Dugan

Download or read book Investor-State Arbitration written by Christopher Dugan and published by Oxford University Press. This book was released on 2011-11-25 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.

General Principles of Law and International Investment Arbitration

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Publisher : BRILL
ISBN 13 : 9004368388
Total Pages : 475 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis General Principles of Law and International Investment Arbitration by : Andrea Gattini

Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-06-01 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Shareholders' Claims for Reflective Loss in International Investment Law

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Publisher : Cambridge University Press
ISBN 13 : 1108801390
Total Pages : 431 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Shareholders' Claims for Reflective Loss in International Investment Law by : Lukas Vanhonnaeker

Download or read book Shareholders' Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.

Contributory Fault and Investor Misconduct in Investment Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 110848140X
Total Pages : 207 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Contributory Fault and Investor Misconduct in Investment Arbitration by : Martin Jarrett

Download or read book Contributory Fault and Investor Misconduct in Investment Arbitration written by Martin Jarrett and published by Cambridge University Press. This book was released on 2019-07-11 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.

Investment Treaty Arbitration as Public International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107066875
Total Pages : 265 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Investment Treaty Arbitration as Public International Law by : Eric De Brabandere

Download or read book Investment Treaty Arbitration as Public International Law written by Eric De Brabandere and published by Cambridge University Press. This book was released on 2014-09-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

International Investment Law and Arbitration

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Publisher : BRILL
ISBN 13 : 9004363033
Total Pages : 70 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Law and Arbitration by : Borzu Sabahi

Download or read book International Investment Law and Arbitration written by Borzu Sabahi and published by BRILL. This book was released on 2018-07-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.

International Investment Law and Development

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784711357
Total Pages : 488 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis International Investment Law and Development by : Stephan W. Schill

Download or read book International Investment Law and Development written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

Moral Damages under International Investment Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540435
Total Pages : 296 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Moral Damages under International Investment Law by : Dogan Gultutan

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.