Calculation of Compensation and Damages in International Investment Law

ISBN-13: 9780198749936 / Angielski / Twarda / 2017 / 510 str.

Irmgard Marboe

Opis

Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice.

This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum.

This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings.

Recenzje

Calculation of Compensation and Damages in International Investment Law is an impressive work. It is thorough, comprehensive, but still accessible. It provides an eminently useful contribution to the subject of compensation and damages and their calculation in international investment law. Gabrielle Nater-Bass and Stefanie Pfisterer, ICSID Review

O autorze

Irmgard Marboe is Associate Professor of International Law at the Department of European, International and Comparative Law, Section for Public International Law and International Relations, at the Faculty of Law of the University of Vienna. She teaches and publishes widely on international law and arbitration, international investment law, space law, and Islamic law. She is an associate editor of the journal Transnational Dispute Management and a Co-Editor -in -Chief of the Journal of Damages in International Arbitration.