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Title: Legal Aspects of Valuation of Damages in Investment Arbitration
Authors: Raiymkulov, Eldiiar
Keywords: investment arbitration
international law
country risk
Issue Date: 2015
Publisher: Department of International and Business Law
Abstract: The on-going practice of investment arbitration is now facing serious challenges. The parties of investment disputes together with scholars and commentators have started to question the legitimacy of awards based on a number of grounds that are discussed in this project. Such problems as financial and economic incompetence of arbitrators, shifted role of experts involved in the process, problems of double counting and non-inclusion of political risks in calculation of damages, are creating inconsistent arbitral practice for similar cases, legal uncertainty, and undermining confidence of investors and states in the future decisions. Moreover, it creates threats of losing trust in the system of investor-state dispute settlement by investors and states, as the problems may potentially harm both sides of dispute. The senior project is aimed at identifying risks in the process of valuation of damages in investment arbitration and providing recommendations for the most effective resolution of the existing problems.
Appears in Collections:International and Business Law Department

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