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 […]
A Short Analysis of the Kılıç Ad-Hoc Committee’s Decision on Annulment: Can an Investor Directly Apply to International Arbitration without Resorting to Local Courts?
By Turgut Aycan Özcan & Timuçin Demir Everything concerning the Kılıç Ad-Hoc Committee’s Decision on Annulment of course started with the decision rendered in the ICSID case between a Turkish construction company, Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (“Kılıç”), and Turkmenistan. Kılıç had filed an ICSID case (ICSID Case No. ARB/10/01) against Turkmenistan […]
Consent and Nationality In ICSID Jurisprudence: Two Old Chestnuts of ICSID Jurisdiction Revisited
Consent and nationality are two concepts of deep significance in ICSID jurisprudence. Consent forms a fundamental pillar of ICSID jurisdiction, and counsel for would-be ICSID claimants regularly advise their clients to express their consent to arbitrate as early as possible. Nationality is an equally core component of ICSID jurisdiction, with the place of incorporation test […]