Damages in International Arbitration With Respect to Income Generating Assets or Investments in Commercial and Investment Arbitration
Article from: TDM 5 (2015), in Investor-State Disputes - International Investment Law
Introduction
This article discusses damages analysis for the interruption of the income stream in income generating assets or investments due to breach of contract or the violation of an international legal standard (international tort), in commercial and investment arbitration, as applicable. As will be shown in the following paragraphs, the methodology of damages analysis with respect to income generating assets in commercial and investment arbitration is similar. The difference lies in the so-called measure of damages.