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.
Rezensionen / Stimmen
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 * The arbitration community is indebted to Irmgard Marboe for having published a second edition of her treatise on damages in investment disputes. ... As the author notes in her preface, the jurisprudence on compensation and damages is not always consistent. It is a major achievement of the book to digest and lead the reader through this jurisprudence. * Asian Dispute Review * 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. * ICSID Review * 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 * ...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 *
Reihe
Auflage
Sprache
Verlagsort
Zielgruppe
Editions-Typ
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 252 mm
Breite: 176 mm
Dicke: 38 mm
Gewicht
ISBN-13
978-0-19-874993-6 (9780198749936)
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Schweitzer Klassifikation
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.
Autor*in
Professor of International LawProfessor of International Law, University of Vienna
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
