Calculation of Compensation and Damages in International Investment Law

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Irmgard Marboe (Professor of International Law, Professor of International Law, University of Vienna)

Calculation of Compensation and Damages in International Investment Law

Irmgard Marboe (Professor of International Law, Professor of International Law, University of Vienna)

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English

Oxford University Press
23 March 2017

International economic & trade law; Investment treaties & disputes; International organisations & institutions; Settlement of international disputes

Series: Oxford International Arbitration Series

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.

By: Irmgard Marboe (Professor of International Law Professor of International Law University of Vienna)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 252mm, Width: 175mm, Spine: 39mm
Weight: 1.232kg
ISBN: 9780198749936
ISBN 10: 0198749937
Series: Oxford International Arbitration Series
Pages: 608
Publication Date: 23 March 2017
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction 2: The Function of Compensation and Damages 3: Valuation Standards and Criteria 4: International Valuation Standards and Bases of Value 5: Methods of Valuation 6: Interest 7: Conclusions Annex 1: Table of ICSID cases since 2008 Annex 2: Table of NAFTA cases since 2008 Annex 3: Table of ECT cases since 2008 Annex 4: Table of ad hoc investment arbitration cases since 2008

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.

Reviews for Calculation of Compensation and Damages in International Investment Law

...this is a major league text on a topic of vital importance to many an international lawyer and certainly to international arbitrators [...] The amount of research that has gone into the writing of this book is beyond impressive ... What a wealth of references for researchers is presented here. This is an academic tour de force if there ever was one. * Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, The Barrister * Marboe ... is an internationally recognised expert on international investment law and the first edition of her book received wide recognition. ... the track record of the author of the book speaks for itself and the updated version offers an even broader overview of arbitral case law. ... it is definitely a publication to be placed within comfortable reach. * Marcin Menkes, Journal of International Banking Law and Regulation *