Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Hardcover | July 23, 2011

byBorzu Sabahi

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This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzow Factory case to principles of compensation and restitution in themodern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought andawarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensationfor moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as wellas practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

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This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the...

Dr. Borzu Sabahi (SJD, LLM, Georgetown University Law Center; MA, LL.B. University of Tehran) is counsel to the law firm of Fulbright and Jaworski L.L.P in Washington, D.C. He specializes in international arbitration and has been involved in a number of arbitration cases under the ICC, ICDR, ICSID, LCIA, and UNCITRAL rules. Mr. Sabahi...
Format:HardcoverDimensions:280 pages, 9.21 × 6.14 × 0.89 inPublished:July 23, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199601186

ISBN - 13:9780199601189

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Table of Contents

1. Introduction2. A Concise History of the Law of State Responsibility and Reparation in International Law3. Modern Reparation Doctrine in International Law and Investment Treaty Arbitration4. Restitution5. Compensation6. Supplemental Compensation7. Limitations on Compensation8. Conclusion