Deferring Future Damages to Future Tribunals: The Jurisdictional Obstacles

Note, ICSID Review — Foreign Investment Law Journal, Vol. 31, No. 1, pp. 246-253 (2016)

10 Pages Posted: 26 Dec 2015 Last revised: 26 Sep 2016

Abstract

Awarding compensation for future damages arising from continuing breaches has long vexed investment tribunals. This article examines the newest solution to the problem: deferring an award on future damages to a future tribunal. In 2015, for the very first time, an investment tribunal was constituted for the sole purpose of awarding compensation for deferred damages. Yet even if everything proceeds according to plan in that specific case, this article argues that the practice of deferring an award on future damages to a future tribunal raises significant jurisdictional obstacles that undermine its universal applicability.

Keywords: ICSID, damages, jurisdiction, international jurisdiction, Mobil v. Canada

Suggested Citation

Tzeng, Peter, Deferring Future Damages to Future Tribunals: The Jurisdictional Obstacles. Note, ICSID Review — Foreign Investment Law Journal, Vol. 31, No. 1, pp. 246-253 (2016). Available at SSRN: https://ssrn.com/abstract=2707930

Peter Tzeng (Contact Author)

Foley Hoag LLP ( email )

United States

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