Compensation for Moral Damages in Investor-State Arbitration Disputes

Journal of International Arbitration, Vol. 27, No. 3, pp. 247-276, 2010

34 Pages Posted: 22 Jun 2010

See all articles by Patrick Dumberry

Patrick Dumberry

University of Ottawa - Civil Law Section

Date Written: January 21, 2010

Abstract

This article examines the issue of monetary compensation awarded by arbitral tribunals for moral damages suffered by foreign investors in the context of investor-State arbitration. It examines the nature and the function of moral damages in international investment law as well as several controversial issues, including the proper form of reparation to remediate moral damages suffered by a State, whether proof of malicious intent is a necessary condition for a tribunal to award compensation and whether compensation should be limited to cases involving “egregious” or grave treaty violations. The article argues that particularly condemnable governmental actions toward foreign investors will have a bearing on the actual quantification of the amount of compensation to be awarded for moral damages. The goal is not only to remediate the actual damage suffered but also to send a “clear message” to the host State.

Keywords: moral damages, compensation, investor-State arbitration, ICSID

Suggested Citation

Dumberry, Patrick, Compensation for Moral Damages in Investor-State Arbitration Disputes (January 21, 2010). Journal of International Arbitration, Vol. 27, No. 3, pp. 247-276, 2010. Available at SSRN: https://ssrn.com/abstract=1628272

Patrick Dumberry (Contact Author)

University of Ottawa - Civil Law Section ( email )

57 Louis Pasteur Dr
Ottawa
Canada

HOME PAGE: http://www.droitcivil.uottawa.ca/index.php?option=com_contact&task=view&contact_id=148&Itemid=118

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