Shareholders' Claims for Reflective Loss in International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Shareholders' Claims for Reflective Loss in International Investment Law write by Lukas Vanhonnaeker. This book was released on 2022-08-11. Shareholders' Claims for Reflective Loss in International Investment Law available in PDF, EPUB and Kindle. In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
Shareholders' Claims for Reflective Loss in International Investment Law
Shareholders' Claims for Reflective Loss in International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Shareholders' Claims for Reflective Loss in International Investment Law write by Lukas Vanhonnaeker. This book was released on 2020-07-16. Shareholders' Claims for Reflective Loss in International Investment Law available in PDF, EPUB and Kindle. In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
The International Law of Investment Claims
The International Law of Investment Claims - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The International Law of Investment Claims write by Zachary Douglas. This book was released on 2009-06-11. The International Law of Investment Claims available in PDF, EPUB and Kindle. This book is a codification of the principles and rules relating to the prosecution of investment claims.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration write by Christina L. Beharry. This book was released on 2018-04-03. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration available in PDF, EPUB and Kindle. Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.
The Origins of International Investment Law
The Origins of International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Origins of International Investment Law write by Kate Miles. This book was released on 2013-10-24. The Origins of International Investment Law available in PDF, EPUB and Kindle. An examination of the origins of international investment law and their continued resonance in the twenty-first century.
