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Calculation of Compensation and Damages in International Investment Law 2nd Edition

Calculation of Compensation and Damages in International Investment Law 2nd Edition

Author: Irmgard Marboe
Publisher: Oxford University Press
ISBN: 9780198749936

Previous Edition ISBN: 9780199551712
Published In: April 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$663.00

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Description
Contents

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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 new jurisprudence, 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 of private 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 to inform 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.

1: Introduction

2: The Function of Compensation and Damages

3: Valuation Standards and Criteria

4: International Valuation Standards and Bases of Value

5: Methods of Valuation

6: Interest

7: Conclusions

Annex 1: Table of ICSID cases since 2008

Annex 2: Table of NAFTA cases since 2008

Annex 3: Table of ECT cases since 2008

Annex 4: Table of ad hoc investment arbitration cases since 2008