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