Compensation, Damages, and Valuation
Bibliographic Data
| ID | 23616951 |
|---|---|
| Authors | Thomas W Wälde (Mineral Law, University Dundee), Borzu Sabahi (Georgetown University) |
| Year | 2012 |
| Pages | 1049-1124 |
| Publication date | 2012-09-18 |
| Open Access | No |
| Type | CHAPTER |
| Venue | The Oxford Handbook of International Investment Law (SOURCE_BOOK) |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/oxfordhb/9780199231386.013.0026 |
| OpenAlex | W1497825789 |
| ISBN | 9780199231386 |
| Language | EN |
| References cited | 16 |
This chapter begins by explaining the terminology, different functions, effect of damages awards on the acceptability of investment arbitration jurisprudence, and the main principles (mainly the Chorzow Factory dictum) governing awarding damages. Section 2 explains some of the elements that may have an impact on awarding damages, such as litigation dynamics, overcompensation, and moral hazard, and finally damnum emergens and lucrum cessans. Section 3 examines compensation for expropriation, including standard of compensation, valuation methods, compensation for creeping and regulatory expropriation, date and time of expropriation. Section 4 discusses compensation for breach of nonexpropriatory investment treaty disciplines such as national treatment, denial of justice, legitimate expectations. Section 5 examines the damages for contractual breaches as well as the breach of an umbrella clause. Section 6 touches upon the concepts of causation, as well as compensation-reducing and compensation-enhancing elements. Section 7 examines the role of equitable considerations in awarding damages. Section 8 examines different aspects of awarding interest. Section 9 discusses burden of proof and evidentiary issues. Section 10 provides an overview of other issues not discussed in this chapter.
Business · Causation · Compensation (psychology) · Damages · Economics · Expropriation · Jurisprudence · Law and economics · Political science · Treaty · Valuation (finance) · Accounting · Corporate Law and Human Rights · International Arbitration and Investment Law · Law
Principles of public international law
European Administrative Law
Corporate Imperialism
The Emergence of Global Administrative Law
Making Foreign Investment Safe
Investment Protection Treaties
Equity and General Principles of law
Environmental Regulation, Investment Protection and ‘Regulatory Taking’ in International Law
Caveat Investor’? The Relevance of the Conduct of the Investor Under the Fair and Equitable Treatment Standard
General Principles of Law as Applied by International Courts and Tribunals
A Law of the Future or A Law of the Past? Modern Tribunals and the International Law of Expropriation
Awarding Interest in International Arbitration
Some International Law Problems Posed by the Nationalization of the Copper Industry by Chile
Compensation for Expropriation
Unjustified Enrichment in International Law
Dalhuisen on International Commercial, Financial and Trade Law
| Highly cited | No |
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