A "Simple Scheme": Exploring the Meaning of Chorzów Factory for the Valuation of Opportunistic Expropriation in the BIT Generation

M.J. Valasek
Valasek, Martin J.

Article from: TDM 6 (2007), in Compensation and Damages in International Investment Arbitration

Introduction

This paper is an effort to contribute in a modest way to the understanding of Chorzów Factory , and to foster productive debate on the relevant issues. It is organized into five sections, comprising of: (i) introduction; (ii) a description of the two "competing" standards of compensation, namely the BIT standard and the Chorzów Factory standard; (iii) a demonstration of the posited difference between the two standards as applied to a scenario of opportunistic expropriation; (iv) a comment on the ADC case, in which the tribunal held that the Chorzów Factory standard ...

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Suggested Citation

M.J. Valasek; "A "Simple Scheme": Exploring the Meaning of Chorzów Factory for the Valuation of Opportunistic Expropriation in the BIT Generation"
TDM 6 (2007), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=1169