Assessing Damages in International Commercial Arbitration: A Comparison With Investment Treaty Disputes
Article from: TDM 6 (2007), in Compensation and Damages in International Investment Arbitration
Introduction
One issue that has drawn significant attention from the international community in recent years is the assessment of damages, both in the context of international contract disputes and international investment disputes. [1] Professor Irmgard Marboe has highlighted the key distinctions between monetary remedies in investment treaty disputes and breach of contract disputes.[2] Dr. Sergey Ripinsky has discussed the concepts of damnum emergens and lucrum cessans , and Simon de Quidt has examined the various methods of valuation. They have offered excellent discussions of ...