Jump to ContentJump to Main Navigation
Practising VirtueInside International Arbitration$
Users without a subscription are not able to see the full content.

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 23 April 2019

Future Damages in Investment Arbitration— a Tribunal with a Crystal Ball?

Future Damages in Investment Arbitration— a Tribunal with a Crystal Ball?

Chapter:
(p.642) 39 Future Damages in Investment Arbitration— a Tribunal with a Crystal Ball?
Source:
Practising Virtue
Author(s):

Hans van Houtte

Bridie McAsey

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0040

This chapter examines the appropriate measure of compensation for damages based on future income, whether from earnings of an enterprise or guaranteed tariffs under an investment contract. The analysis encompasses not only the ‘reasonable certainty’ standard employed frequently by tribunals requested to determine damages based on future income, but also innovative suggestions for tackling scenarios where the evidence may not support reasonable certainty. Such suggestions include postponing the damages phase until sufficient evidence emerges; issuing an award subject to conditions allowing its future amendment in respect of the amount of damages; or issuing a partial award, with the final award to follow once damages can be appropriately determined.

Keywords:   compensation, international treaties, future damages, investment treaty arbitration, future income, reasonable certainty

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .