Damages awards in investor-state dispute settlement (ISDS) have been growing constantly, making it one of the most significant policy concerns within international investment agreements. This report proposes multiple policy options that policy-makers may adopt to reform ISDS practice on damages and curtail the trend of ever-increasing damages awards.
Authors
- Pages
- 21
- Published in
- Canada
- Rights
- IISD, 2024
Table of Contents
- 1.0 Introduction 5
- 2.0 Compensation Standards in International Investment Agreements 6
- 3.0 Policy Options 7
- 3.1 Defining Compensable Loss 7
- 3.2 Future Profits and Income 8
- 3.3 Balancing, Equitable, and Offsetting Factors 9
- 3.4 Causation 10
- 3.5 Valuation Techniques 11
- 3.6 Interest 13
- 3.7 Evidentiary Questions 14
- 3.8 Disincentivizing Excessive Claims 16
- 4.0 Forms and Avenues to Implement the Options 17
- References 18
- Additional Bibliography 19
