Izvorni znanstveni članak
https://doi.org/10.25234/pv/10178
DAMAGES IN INTERNATIONAL INVESTMENT ARBITRATION
Jadranka Osrečak
orcid.org/0000-0003-0156-8725
; Zamjenica općinskog državnog odvjetnika u Zagrebu upućena na rad u Državno odvjetništvo Republike Hrvatske, Gajeva 30a, 10000 Zagreb
Sažetak
International investment arbitration as an alternative dispute resolution mechanism for resolving disputes between foreign investors and host states is also a favourite dispute resolution for investors. It consist of three parts, all of which can be resolved separately. These are jurisdiction, merits and damages. Consequently, it is possible for a tribunal to render one, two or even three arbitral awards, depending on the tribunal decision to bifurcate/trifurcate the proceedings or not. This shows the complexity of each of the stages of the arbitration proceeding. The paper deals with the issue of reparation, specifically compensation for damage caused as the main form of reparation for damage. It gives an overview of the legal issues affecting the amount of awarded damages, the main methods for calculating damages, as well as the applicable case-law and statistics in relation to the legal issues and calculating methods. The paper argues that only a proactive and inclusive approach in respect to determining damages including a detailed fact analysis for legal qualification of the dispute and determination of the best damages assessment methods, can give satisfactory results.
Ključne riječi
arbitration; methods for assessing damages
Hrčak ID:
261172
URI
Datum izdavanja:
31.7.2021.
Posjeta: 1.058 *