Damages for Breach of Stabilisation Clauses in International Investment Law: Where Do We Stand Today?

International Energy Law and Taxation Review, Nos. 11 & 12, p. 246, 2007

6 Pages Posted: 14 Jan 2012

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Date Written: 2007

Abstract

The issue of damages or compensation for breach of contract and for that matter expropriation or nationalisation in international investment law still remains as enigmatic as ever. Even a cursory glance at international arbitral awards concerning the issue gives such an impression. The presence of stabilisation clauses in a contract is considered to be one of the elements of assessment of compensation for the aggrieved party. It is not clear how the stabilisation clauses concerned in the contract played a role in the quantum of compensation awarded by various arbitral tribunals. There appears no consistency in the arbitral decision-making process across the board on the issue. The paper attempts to appraise the concerned issues.

Keywords: Stabilization Clause, Breach of contract, Expropriation, Compensation

Suggested Citation

Maniruzzaman, A. F. M., Damages for Breach of Stabilisation Clauses in International Investment Law: Where Do We Stand Today? (2007). International Energy Law and Taxation Review, Nos. 11 & 12, p. 246, 2007. Available at SSRN: https://ssrn.com/abstract=1342277

A. F. M. Maniruzzaman (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

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