The Relevance of National Law and Contracts in Deciding the Compensation Due for Expropriation in Investor-State Arbitration: Lessons from Mobil v. Venezuela case
Article from: TDM 7 (2018), in International Oil & Gas Arbitration
[Added 22/01/2019] For foreign investors in the energy industry, expropriation remains a significant risk. If an expropriation takes place, losses will be likely, and disputes may arise. International investment treaties and contractual rights offer effective tools for the solutions of disputes arising out of expropriation. Nevertheless, it may be difficult for arbitral tribunals to decide the compensation due by host states for their expropriation measures, which is usually compulsory no matter whether the expropriation is legal or not. One of the difficulties that this ...