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Full-Text Articles in Law
Valuation Standards For Calculating Icsid Awards, Jason A. Pan
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 …
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Sari M Graben
Abstract In this article, I consider the implications of culture for valuation of cultural loss in cost benefit analysis. I argue that rational choice models have a difficult time quantifying cultural values because they have yet to grapple with the way experts tasked with cost benefit analysis translate knowledge about cultural worldviews for the purposes of comparison. This translation can alter the valuation of the risk so as to undermine the representation of a loss, rather than identify it. However, instead of rejecting the consideration of cultural loss in cost-benefit analysis outright, I build on dialogical approaches to governance that …
Indiana State Police Pension Trust V. Chrysler: A Missed Opportunity To Improve Collateral Valuation Doctrine, Jason A. Pan
Indiana State Police Pension Trust V. Chrysler: A Missed Opportunity To Improve Collateral Valuation Doctrine, Jason A. Pan
Jason A Pan
Section 506(a)(1) of the Chapter 11 bankruptcy code addresses how to value collateral. This issue arose in Indiana State Police Pension Trust v. Chrysler, but unfortunately the Supreme Court declined to hear the case. As a result the current doctrine on whether to value collateral according to a liquidation versus a going concern standard is Assocs. Commercial Corp. v. Rash, which held that collateral should be valued according to its proposed use. The Rash doctrine, that collateral is to be valued using a going concern standard when proposed to be used in a going concern context, creates opportunity for economic …