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International arbitration

2012

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Valuation Standards For Calculating Icsid Awards, Jason A. Pan Sep 2012

Valuation Standards For Calculating Icsid Awards, Jason A. Pan

Jason A Pan

A common remedy in resolving disputes between foreign investors and their host governments is the award of fair market value as compensation. The International Centre for the Settlement of Investment Disputes (ICSID) is a popular forum for adjudicating such disputes, and since 1997 its caseload has taken off with the onset of globalization. As of 2011, 28% of ICSID cases resulted in an award to the claimant investor. Thus the valuation analysis behind ICSID awards is an important topic for both claimant investors and respondent governments. However, the nature of valuation analysis is that of a subjective and context-specific art …