Academic & Crossref DOI Search

Abstract: This chapter examines compensation in investment treaty arbitration. It shows the development of principles of compensation for expropriation in customary international law, and how investment treaties have treated compensation for expropriation and for other breaches. It outlines the treatment of both unlawful and lawful expropriation prior to the milestone ADC v Hungary decision, and how that award has impacted thought and practice on compensation for expropriation since then. The chapter also outlines how the amount of compensation has been determined in investment arbitrations, focusing on the concept of Fair Market Value. It discusses the determination of the date of the injury and the proper date of valuation, central to setting the amount of compensation, as well as the treatment of post-act events. It outlines a number of valuation methods used to set the amount of compensation, both for valuing investments and for contractual and business interruption damages.

Abstract: Given stockholder and regulatory agency attention to top-executive compensation and perquisites, it is understandable that boards of directors and board compensation committees are looking for expert staff work from the company's human resources officer and his or her compensation specialist.

Abstract: In addition to compensation or restitution for material damage, supplemental compensation is necessary to put the victim of an unlawful act fully in the hypothetical position that would exist save for the wrongful act. Supplemental compensation in this book refers to compensation for moral damage (including legal damage), interest, damage caused as a result of currency fluctuations, and arbitration costs. These heads of damages are grouped together as supplemental damages as none of them directly relates to the main material damage done to the investment but may be an integral part of full compensation. This chapter discusses the principles relating to each of these heads of supplemental damage, along with their use in investment treaty arbitration. Punitive damages and the currency of compensation in investment treaty arbitration are also discussed.

Abstract: A "supermarket" program for providing the employee with an array of benefits from which he chooses those that suit his needs