Contemporary and emerging issues on the law of damages and valuation in international investment arbitration / edited by Christina L. Beharry.

Format:

Book

Contributor:

Beharry, Christina L., editor.

Series:

Nijhoff international investment law series. 2351-9542 ; Volume 11.

Nijhoff international investment law series ; Volume 11

Language:

English

Subjects (All):

International commercial arbitration.

Investments, Foreign--Law and legislation.

Investments, Foreign.

Damages.

Physical Description:

1 online resource (516 pages).

Place of Publication:

Leiden ; Boston : Brill Nijhoff, [2018]

Summary:

Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. 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. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.

Contents:

Front Matter

Copyright page

Preface

Notes on Contributors

Standing, Procedure, and Other Preliminary Considerations

Procedural Tools to Facilitate the Quantification of Damages in Investor-State Arbitration* / Adam Douglas

Third-Party Financing in Investment Arbitration / Victoria Sahani , Mick Smith and Christiane Deniger

Reflective Loss and Its Limits under International Investment Law / Mark A. Clodfelter and Joseph D. Klingler

Legal Considerations

Causation and Injury in Investor-State Arbitration* / Patrick W. Pearsall and J. Benton Heath

Assessing Compensation and Damages in Expropriation versus Non-expropriation Cases / Irmgard Marboe

Moral Damages / Patrick Dumberry

Valuation Considerations

Approaches to Valuation in Investment Treaty Arbitration* / Noah Rubins , Vasuda Sinha and Baxter Roberts

Discounted Cash Flow Method* / Kai F. Schumacher and Henner Klönne

Measuring Country Risk in International Arbitration / James Searby

Valuation Techniques for Early-Stage Businesses in Investor-State Arbitration / Garrett Rush , Kiran Sequeira and Matthew Shopp

Valuing Natural Resources Investments* / Richard Caldwell , Darrell Chodorow and Florin Dorobantu

Damages from a State Perspective

Principles Limiting the Amount of Compensation / Borzu Sabahi , Kabir Duggal and Nicholas Birch

Counterclaims and State Claims / Jeremy K. Sharpe and Marc Jacob

Adjustments to Damages and Post-Award Issues

Approaches to the Award of Interest / Mark Beeley

The Allocation of Costs in Investment Treaty Arbitration / Matthew Hodgson and Alastair Campbell

Post-award Challenges of Damages Assessments* / Christina L. Beharry.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-35779-3

OCLC:

1019835432

Publisher Number:

10.1163/9789004357792 DOI