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Journal of International Dispute Settlement
Article . 2021 . Peer-reviewed
License: CC BY
Data sources: Crossref
https://dx.doi.org/10.60692/te...
Other literature type . 2021
Data sources: Datacite
https://dx.doi.org/10.60692/cd...
Other literature type . 2021
Data sources: Datacite
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Damages and ISDS Reform: Between Procedure and Substance

الأضرار وإصلاح تسوية النزاعات بين المستثمرين والدول: بين الإجراء والجوهر
Authors: Jonathan Bonnitcha; Malcolm Langford; José Manuel Álvarez-Zarate; Daniel Behn;

Damages and ISDS Reform: Between Procedure and Substance

Abstract

Abstract Monetary damages is the ordinary remedy in investor-state dispute settlement (ISDS). As such, arbitral practice relating to damages has direct, practical relevance for states and investors. The size of damages awards is also amongst the core critiques of ISDS. It is somewhat surprising, then, that the issue of damages has not figured prominently in discussions on reform of investment treaties and the ISDS mechanism, including those currently underway in Working Group III of the United Nations Commission on International Trade Law (UNCITRAL). In this context, this article makes three contributions. First, it provides an overview of empirical trends in damages in ISDS. Secondly, it considers the extent to which tribunals’ approaches to damages raise the sorts of concerns with ISDS identified by UNCITRAL Working Group III, focusing specifically on concerns of correctness, consistency, legal and expert costs, and independence and impartiality. Thirdly, it identifies a range of possible procedural and substantive reform options that might alleviate these concerns.

Country
United Kingdom
Keywords

Economics, Strategy and Management, FOS: Political science, Social Sciences, Geometry, Business, Management and Accounting, FOS: Law, Law and economics, International Criminal Law and Human Rights Obligations, Context (archaeology), FOS: Mathematics, Pathology, Business, Political science, Biology, Role of Public International Law in WTO Disputes, Impact of Bilateral Investment Treaties on FDI, Investor-State Disputes, Impartiality, Paleontology, Lagging, Commission, Investment Treaty Arbitration, Political Science and International Relations, Damages, Medicine, Law, Consistency (knowledge bases), Mathematics

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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    4
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Top 10%
Average
Average
Green
hybrid