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date: 24 January 2021

Abstract and Keywords

This article explains the terminology, different functions, effect of damages awards on the acceptability of investment arbitration jurisprudence, and the main principles governing awarding damages. It discusses some of the elements that may have an impact on awarding damages, such as litigation dynamics, overcompensation, and moral hazards. It examines compensation for expropriation, including standard of compensation, valuation methods, compensation for creeping and regulatory expropriation, date and time of expropriation. It discusses compensation for breach of non-expropriatory investment treaty disciplines such as national treatment, denial of justice, and legitimate expectations. This article touches upon the concepts of causation, as well as compensation-reducing and compensation-enhancing elements and examines the role of equitable considerations in awarding damages. It discusses burden of proof and evidentiary issues and provides an overview of other issues and presents some concluding remarks.

Keywords: damages, jurisprudence, compensation, investment treaty, investment arbitration

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