Compensation and Restitution in Investor-State Arbitration: - download pdf or read online

By Borzu Sabahi

This e-book examines the heritage, ideas, and perform of awarding repayment and restitution in investor-State arbitration disputes, that are initiated less than funding treaties. the rules mentioned might be utilized to all foreign legislations circumstances the place harm to estate is an issue.

The publication begins by means of tracing the roots of the appropriate foreign criminal rules to Roman legislations, and from there follows their evolution throughout the ecu legislations of extra-contractual legal responsibility and finally throughout the Chorzów manufacturing unit case to ideas of repayment and restitution within the smooth legislations of foreign investment.

The better a part of the e-book is then devoted to exam of the trendy program of those rules, targeting the jurisprudence of foreign tribunals less than quite a few arbitral ideas resembling ICSID and UNCITRAL ideas. financial reimbursement because the regularly occurring kind of therapy sought and provided in investor-State disputes is mentioned in additional element, together with issues corresponding to the quantity of reimbursement for harm because of breach of funding treaties or for lawful expropriation of
foreign investor's estate, a quick review of valuation tools, supplementary reimbursement for ethical damages, curiosity, bills, and foreign money fluctuations in addition to quite a few rules that can restrict the volume of recoverable repayment, similar to causation. an entire bankruptcy is devoted to the
discussion of the idea and perform of awarding restitution in investor-State disputes. The e-book additionally covers the final precept of reparation in foreign legislations as utilized in investor-State arbitrations. the themes mentioned hide all of the theoretical in addition to functional matters that may be raised in awarding reimbursement and restitution in funding treaty disputes among States and overseas investors.

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Compensation and Restitution in Investor-State Arbitration: Principles and Practice (International Economic Law Series) by Borzu Sabahi


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