Calculation of Compensation and Damages in International Investment Law by Irmgard MarboeCalculation of Compensation and Damages in International Investment Law by Irmgard Marboe

Calculation of Compensation and Damages in International Investment Law

byIrmgard Marboe

Hardcover | April 29, 2017

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Fully revised and updated from the successful first edition, 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 newjurisprudence, 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 ofprivate 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 toinform 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.
Irmgard Marboe is Associate Professor of International Law at the Department of European, International and Comparative Law, Section for Public International Law and International Relations, at the Faculty of Law of the University of Vienna. She teaches and publishes widely on international law and arbitration, international investment...
Title:Calculation of Compensation and Damages in International Investment LawFormat:HardcoverDimensions:544 pagesPublished:April 29, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198749937

ISBN - 13:9780198749936

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Table of Contents

1. Introduction2. The Function of Compensation and Damages3. Valuation Standards and Criteria4. International Valuation Standards and Bases of Value5. Methods of Valuation6. Interest7. ConclusionsAnnex 1: Table of ICSID cases since 2008Annex 2: Table of NAFTA cases since 2008Annex 3: Table of ECT cases since 2008Annex 4: Table of ad hoc investment arbitration cases since 2008