Abstract:Is there an exception to the principle of full reparation in international investment arbitration for cases in which full compensation is crippling for the responsible State or its peoples? The routine presentation and consideration of billion-dollar-plus investment arbitration claims in the first half of 2021 suggests that this subject has not been invented in order to enable it to be written about but is one of considerable importance for the field of international investment law and its actors. The frame of… Show more
“…The result has been hugely inflated monetary awards in the hundreds of millions and even billions of dollars. In some cases, the amount of compensation awarded has been described as "crippling" because it is incommensurate to the state's capacity to pay (9). Governments don't always lose, but the rules are sufficiently vague to make it difficult to predict outcomes.…”
Section: Protections For Foreign Investorsmentioning
“…The result has been hugely inflated monetary awards in the hundreds of millions and even billions of dollars. In some cases, the amount of compensation awarded has been described as "crippling" because it is incommensurate to the state's capacity to pay (9). Governments don't always lose, but the rules are sufficiently vague to make it difficult to predict outcomes.…”
Section: Protections For Foreign Investorsmentioning
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