The Role of Third Party Funders in Investment Disputes In investment disputes, when the claimant decides to pull the trigger and bring forward, one can wonder what his options are to finance the arbitral proceedings. Claimants most often do not have much capital left and are in a distressed financial situation but their claims have […]
Investor-State Arbitration – Claimant’s Counsel’s Critical Choices
Critical Choices when Bringing an Investor-State Arbitration Claimants are faced with many difficult choices when bringing an investor-State arbitration: First, Claimant will have to decide whether to bring a case at all. While this seems straightforward and obvious, it is one of the most difficult choices for a company to make as outright expropriations today […]
What future for investor-State arbitration: The European perspective.
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 […]
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 […]