Introduction

The first part discusses the issue of the quantum of compensation in the case of a FET breach, and examines first the awards in which the tribunals decided to take into account the circumstances of the case at the liability stage, and then, most importantly, those cases in which the tribunals did accept the re-adjustment the quantum of compensation after having examined the behaviour of the investor and/or the situation of the State. The second section of this article looks into the types of factual circumstances that the tribunal may consider in order to re-adjust the amount of ...