Marzal, T. (2021) Quantum (in)justice: rethinking the calculation of compensation and damages in ISDS. Journal of World Investment and Trade, 22(2), pp. 249-312. (doi: 10.1163/22119000-12340209)
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Abstract
The present article seeks to critically rethink the key issue of how compensation and damages are and should be calculated in the context of investor-State arbitration – the ‘quantum’ question, as is commonly referred to in arbitral practice. We will make three main claims: first that such calculations are premised on a fundamental consensus that presents the work of arbitrators in this area as essentially uncontroversial fact-finding operations and has led to an inflation of awards, second that this consensus is in reality built on a series of myths and unjustifiable assumptions, and third that the realization that this is so should lay the ground for more acceptable calculations.
Item Type: | Articles |
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Status: | Published |
Refereed: | Yes |
Glasgow Author(s) Enlighten ID: | Marzal, Dr Antonio |
Authors: | Marzal, T. |
College/School: | College of Social Sciences > School of Law |
Journal Name: | Journal of World Investment and Trade |
Publisher: | Brill Academic Publishers |
ISSN: | 1660-7112 |
ISSN (Online): | 2211-9000 |
Published Online: | 22 April 2021 |
Copyright Holders: | Copyright © 2021 The Author |
First Published: | First published in Journal of World Investment and Trade 22(2):249–312 |
Publisher Policy: | Reproduced under a Creative Commons License |
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