Demystifying Moral Damages in International Investment Arbitration

Valuation in International Arbitration

The value of a business or other asset depends on the expected future benefits from holding that asset and the uncertainty associated with those benefits. An expert valuer must often form an opinion on value based on their assessment of future benefits and uncertainty at a given date. This is a challenging task for many assets. It is often particularly challenging in the context of internationa...

Rationalizing Costs in Investment Treaty Arbitration

Amicus Curiae in International Investment Arbitration: The Implications of an Increase in Third-Party Participation

punitive damages in international law

punitive damages are not compensation for injury and is levied to punish reprehensible conduct of defendant and to deter its future occurrence. common law is the base of this approach. according to the u.k. house of lords, there are some restrictions in levying this kind of damage. these restrictions have been fully respected by the courts of all the commonwealth states except australia and the...

Expectation Damages, Divisible Contracts, and Bilateral Investment

This paper examines the efficiency of expectation damages as a breach remedy in a bilateral trade setting with renegotiation and relationship-specific investment by the buyer and the seller. As demonstrated by Edlin and Reichelstein (1996), no contract that specifies only a fixed quantity and a fixed per-unit price can induce efficient investment if marginal cost is constant and deterministic. ...