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Vol 23 No 5 May/June 2018

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Damages in International Investment Law

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ISBN13: 9781905221240
Published: November 2008
Publisher: British Institute of International and Comparative Law
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9781905221592

The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions of international law. This volume addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The result of a two-year research project carried out at the British Institute of International and Comparative Law, this book is the first to examine the subject in a systematic, comprehensive and detailed manner.

The authors provide 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 analysis of the most recent investment treaty case law, other relevant practice, both international and national, is reviewed. Thorough, well-organised 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 arbitration.

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Arbitration and Dispute Resolution, International Investment Law
1. Contours of the Study
2. Sources of International Law on Damages
3. Compensation in the System of Remedies
4. General Approach to Compensation by Cause of Action
5. Cross-cutting Issues
6. Investment Valuation
7. Heads of Damages
8. Limitations on Compensation
9. Interest
10. Currency and Taxation Issues
Annex I: Analytical Table of Investor-State Cases (1963–2007);
Annex II: Analytical Table of Selected Iran-US Claims Tribunal Cases
Annex III: Selected Pre-1950 Cases (various international courts and tribunals)
Annex IV: Expropriation Provisions in Investment Treaties
Index 541