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Dispute Resolution and Arbitration

Northwestern Journal of International Law & Business

Journal

Compensation Law; International Arbitration; Foreign Investment

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Reliance Remedies At The International Center For The Settlement Of Investment Disputes, David Collins Jan 2009

Reliance Remedies At The International Center For The Settlement Of Investment Disputes, David Collins

Northwestern Journal of International Law & Business

This article will examine the types of situations and expenses which ICSID tribunals have compensated by awarding damages for actual losses suffered and will attempt to illustrate how this choice is generally economically efficient. It will begin by outlining standards of damage remedies that are commonly employed in international law and will conclude with some criticisms of the reliance measure in the investment context. As this article is forum-focused, it will not examine reliance-based remedies in international investment law under other regimes, such as United Nations Commission on International Trade Law (UNCITRAL) arbitrations or under the Iran-U.S. Claims Tribunal, in …