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Original scientific paper

https://doi.org/10.25234/pv/10178

DAMAGES IN INTERNATIONAL INVESTMENT ARBITRATION

Jadranka Osrečak orcid id orcid.org/0000-0003-0156-8725 ; Deputy Municipal State Attorney in Zagreb redirected to State Attorney's Office of the Republic of Croatia, Gajeva 30a, 10000 Zagreb


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Abstract

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.

Keywords

arbitration; methods for assessing damages

Hrčak ID:

261172

URI

https://hrcak.srce.hr/261172

Publication date:

31.7.2021.

Article data in other languages: croatian

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