Critique on the Interest Rates Applied by ICSID Tribunals in Latin American Cases
Article from: TDM 5 (2016), in Latin America
Introduction
The universe of cases already settled by ICSID Tribunals against Latin-American States - involving an aggregate compensation amount of over three billion US dollars - could have adopted an analogous, if not identical, method when determining the composition of the compensation items claimed by the Investors. It is legally desirable to find a common denominator when analyzing how these Tribunals, composed of a reduced number of arbitrators, have established the current compensation standards. On the contrary, it seems that the common denominator is precisely the lack of it. There ...