Quantum (in)justice: rethinking the calculation of compensation and damages in ISDS

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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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
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 (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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