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


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.

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Christina L. Beharry is Counsel in the International Litigation and Arbitration Department of Foley Hoag LLP in Washington, D.C., where she represents clients in international investment disputes and advises them on investment policies and treaties. She was formerly an attorney in the Trade Law Bureau of the Canadian Department of Foreign Affairs and International Trade.
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

All interested in International Investment Law, International Investment Arbitration Law, Law of Damages, and Law of Valuation.
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