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Double Recovery in Investment Arbitration: Toward a Principled Treatment of Double Compensation: Nijhoff International Investment Law Series, cartea 24

Autor Leyla Bahmany
en Limba Engleză Hardback – 24 sep 2023
This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including:
  • What requirements must be met for the problem to arise?
  • What have others said and done about the problem?
  • What is the most effective way to tackle it?
The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors’ and States’ interests.
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Specificații

ISBN-13: 9789004549456
ISBN-10: 9004549455
Pagini: 465
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff International Investment Law Series


Notă biografică

Leyla Bahmany, Ph.D. (2021), McGill University Faculty of Law, is a postdoctoral associate at that university, researching and writing in the field of international arbitration. Dr. Bahmany also assists Professor Fabien Gélinas Ad. E. (Sir William C. McDonald Chair at McGill Law and former president of the ICC Canada Arbitration Committee) in his arbitral work. Dr. Bahmany is a member of the New York State Bar and has previously worked with two leading international law firms in Paris and Dubai.

Cuprins

Introduction

Part I
Contours of the Problem
1Existence and Extent of the Problem: A Snapshot

2Choosing the Right Term (Because It Makes a Difference)

3Types of Claims Vulnerable to Double Compensation

4Definition, Requirements, and Scenarios

Executive Summary I


Part II
Existing Approaches to Double Compensation
5ISDS Case Law

6Analysis of Suggested Solutions

Executive Summary II


Part III
Restating the Law on Double Compensation
7Principle of Prohibition of Double Compensation

8Application of the Principle: Fundamentals

9Application of the Principle: Possible Scenarios

10Application of the Principle: Exceptional Situations

Executive Summary III

Conclusion