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Vol 24 No 2 Feb/March 2019

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Pensions Law Handbook

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Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Edited by: Christina L. Beharry

ISBN13: 9789004357785
Published: April 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £138.00

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Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law.

This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.

International Investment Law, Arbitration and Alternative Dispute Resolution
Notes on Contributors 
Part 1 
Standing, Procedure & Other Preliminary Considerations
1. Procedural Tools to Facilitate the Quantification of Damages in Investor-State Arbitration
 Adam Douglas
2. Third-Party Financing in Investment Arbitration
 Victoria Sahani, Mick Smith and Christiane Deniger
3. Reflective Loss and its Limits under International Investment Law
 Mark A. Clodfelter and Joseph D. Klingler
Part 2 
Legal Considerations
4. Causation and Injury in Investor-State Arbitration
 Patrick W. Pearsall and J. Benton Heath
5. Assessing Compensation and Damages in Expropriation versus Non-expropriation Cases
 Irmgard Marboe
6. Moral Damages
 Patrick Dumberry
Part 3 
Valuation Considerations
7. Approaches to Valuation in Investment Treaty Arbitration
 Noah Rubins, Vasuda Sinha and Baxter Roberts
8. Discounted Cash Flow Method
 Kai F. Schumacher and Henner Klönne
9. Measuring Country Risk in International Arbitration
 James Searby
10. Valuation Techniques for Early-Stage Businesses in Investor-State Arbitration
 Garrett Rush, Kiran Sequeira and Matthew Shopp
11. Valuing Natural Resources Investments
 Richard Caldwell, Darrell Chodorow and Florin Dorobantu
Part 4 
Damages from a State Perspective
12. Principles Limiting the Amount of Compensation
 Borzu Sabahi, Kabir Duggal and Nicholas Birch
13. Counterclaims and State Claims
 Marc Jacob and Jeremy K. Sharpe
Part 5 
Adjustments to Damages and Post-Award Issues
14. Approaches to the Award of Interest
 Mark Beeley
15. The Allocation of Costs in Investment Treaty Arbitration
 Matthew Hodgson and Alastair Campbell
16. Post-award Challenges of Damages Assessments
 Christina L. Beharry