Compensation and restitution in investor state arbitration sabahi borzu. Limitations on Compensation : Compensation and Restitution in Investor 2019-01-26

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Restitution : Compensation and Restitution in Investor

compensation and restitution in investor state arbitration sabahi borzu

Register a Free 1 month Trial Account. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through theChorzow Factorycase to principles of compensation and restitution in the modern law of international investment. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used. Subject s : International investment law — Restitution — Specific performance This chapter focuses on one form of reparation in international law: restitution. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment.

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Oxford Public International Law: 4 Restitution

compensation and restitution in investor state arbitration sabahi borzu

Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The doctrines of impossibility and disproportionate burden are also discussed with their limiting effect on restitution. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. The state of necessity defence, in both customary international law and under investment treaties, is examined with its effect on the amount of compensation due; with particular attention to the cases arising from the Argentine financial crisis in 2000—02.

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International Law Reporter: Sabahi: Compensation and Restitution in Investor

compensation and restitution in investor state arbitration sabahi borzu

In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. Preview This chapter discusses various principles that may limit the amount of compensation that an investor may recover. This study also sets out important principles that may limit compensation generally, such as causation and the prohibition on double counting. A Concise History of the Law of State Responsibility and Reparation in International Law ; 3. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations.

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9780199601189

compensation and restitution in investor state arbitration sabahi borzu

Moving to modern times, the study focuses on the principle of reparation set out in the Chorzów Factory case and its requirement that reparation p. Though restitution has been recognized as the primary remedy in international law, practical limitations have minimized its use in international investment law. Causation is examined, focusing particularly on legal causation. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors. Conclusion Series Title: Responsibility: Borzu Sabahi.

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Compensation and Restitution in Investor

compensation and restitution in investor state arbitration sabahi borzu

It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used. The chapter touches upon a State's counterclaims, particularly the issue of jurisdiction over counterclaims in investment treaty arbitration. He focuses his practice on representing governments and state-owned entities in investment arbitration matters. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems. The E-mail message field is required. A Concise History of the Law of State Responsibility and Reparation in International Law ; 3.

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Compensation and Restitution in Investor

compensation and restitution in investor state arbitration sabahi borzu

He is co-course advisor of a course on investor state arbitration at the International Law Institute. The two general forms of restitution are then explored: firstly, material restitution, which includes the restitution of property and of money wrongfully taken from a rightful owner; and, secondly, juridical restitution, which requires restoring the legal situation that existed before the commission of the wrongful act, and includes specific performance. This chapter discusses various principles that may limit the amount of compensation that an investor may recover. This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. Though restitution has been recognized as the primary remedy in international law, practical limitations have minimized its use in international investment law. Here, the power of tribunals to award restitution in international law and the enforceability of such awards are discussed. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations.

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Reading : Compensation And Restitution In Investor State Arbitration Sabahi Borzu

compensation and restitution in investor state arbitration sabahi borzu

The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. Restitution, both material and judicial, is discussed as a form of reparation. Sabahi is also an adjunct professor at Georgetown University Law Center where he co-teaches a seminar on investor State dispute resolution. Restitution requires the re-establishment of the situation that had existed before the commission of an internationally wrongful act or the status quo ante. This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties.

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Compensation and restitution in investor

compensation and restitution in investor state arbitration sabahi borzu

Compensation, by far the more common form of reparation in modern international investment disputes, is discussed in detail. The two general forms of restitution are then explored: firstly, material restitution, which includes the restitution of property and of money wrongfully taken from a rightful owner; and, secondly, juridical restitution, which requires restoring the legal situation that existed before the commission of the wrongful act, and includes specific performance. Preview This chapter focuses on one form of reparation in international law: restitution. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. Sabahi is also an adjunct professor of law at Georgetown University Law Center and co-Director of the International Investment Law Center at the International Law Institute.

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Compensation and restitution in investor

compensation and restitution in investor state arbitration sabahi borzu

A full chapter is dedicated to thediscussion of the theory and practice of awarding restitution in investor-State disputes. Keywords: restitution; international investment law; status quo ante; material restitution; juridical restitution; specific performance; impossibility; disproportionate burden Chapter. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. The principles discussed may be applied to all international law cases where damage to property is an issue. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. Modern Reparation Doctrine in International Law and Investment Treaty Arbitration ; 4.

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Borzu Sabahi: Compensation and Restitution in Investor

compensation and restitution in investor state arbitration sabahi borzu

In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. Finally, the chapter examines the application of equity in awarding compensation. This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. Though restitution has been recognized as the primary remedy in international law, practical limitations have minimized its use in international investment law. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems.

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