Although the topic is not new, it seems that there are always new things to say about investor-State arbitration when looking at the amount of articles and documents issued and published almost on a daily basis by the EU Commission and Parliament, national governments and parliaments but also academics, practitioners, the media, blogs, etc. This […]
2015 International Arbitration Survey
The “2015 International Arbitration Survey: Improvements and Innovations in International Arbitration”, by White&Case and the University of Queen Mary provides feedback on the latest innovations of international arbitration stakeholders, reviews their perceived effectiveness and tests the viability of selected future developments, on the basis of 763 questionnaire responses and 105 interviews conducted. The main drawback […]
Law of the Sea Dispute Settlement Mechanism
The Law of the Sea dispute settlement mechanism is an area is of great academic, economic, and political interest where the relationship between public and private law is in full evolution and constantly shows new challenges. The purpose of the present lecture and analysis is to create a forum for a reflection on recent developments […]
Valuation of Lost Dividends in Investment Arbitrations
The valuation of lost dividends as determined by the arbitral tribunal in Yukos is indicative of how lost dividends may be calculated in investment treaty arbitrations. The Arbitral Tribunal Used its Own Methodology to Calculate Dividends After determining that Yukos’ Equity value in 2014 was USD 42 billion (on the basis of Yukos’ Equity value in 2007, […]
Contributory Fault And The Calculation Of Damages In Investment Arbitrations
The Yukos Arbitration, the largest arbitration award to date, provides insight into the manner in which contributory fault and the calculation of damages may be determined in investment arbitrations. The Arbitral Tribunal in the Yukos arbitration reduced the final amount to be awarded to Claimants by 25% for contributory fault because of their abuse of the […]