Assessing Damages in Investment Disputes: Practice in Search of Perfect
Journal of World Investment and Trade, Vol. 10, No. 1, 2009
34 Pages Posted: 4 Feb 2010
Date Written: January 16, 2009
The growing number of arbitral decisions awarding compensation to investors has contributed to the development of law in the area of damages but also posed questions, which have attracted relatively little attention to date. This article first addresses the important but elusive matter of measuring compensation in non-expropriatory cases and then analyses a number of more discreet issues: approximation of damages, the impact of investment risk, contributory fault and mitigation, the flow-through of damage and the recoverability of moral damages in investment disputes. It is hoped that this analysis will inform and stimulate further debate on these issues.
Keywords: Compensation, damages, investment, arbitration, disputes, award
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