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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.
List of contents
- 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
About the author
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.
Summary
Fully revised and updated, this new edition deals with the issue of valuation of legal claims in international dispute settlement proceedings, especially in the context of foreign investment. It provides an analysis of the practice of international courts and tribunals as regards the valuation of claims of individuals against foreign states.
Additional text
...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.
Report
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
