Relevance of the Investor's Practice and Behavior to the Adjustment of Compensation Arising out of the Breach of Investment Treaties' Standards of Protection

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GHANBARI JAHROMI MOHAMMAD JAFAR; Vesali Mahmoud Mansour

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2016 | Volume:17 | Issue:50 Page(s): 119-141

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Information Journal Paper

Title

Relevance of the Investor's Practice and Behavior to the Adjustment of Compensation Arising out of the Breach of Investment Treaties' Standards of Protection

Author(s)

GHANBARI JAHROMI MOHAMMAD JAFAR | Vesali Mahmoud Mansour | Issue Writer Certificate

Keywords

Investment ArbitrationQ1

Adjustment of DamagesQ1

Contribution to the InjuryQ1

Mitigation of LossQ1

Conduct of InvestorQ1

Abstract

Quantum of damages is one of the most important aspects of proceedings in Investment Arbitration. Assessment of damages in investment treaty claims occasionally requires adjustment and reduction of damages under certain circumstances and situations. This could be explained by the impact of other rules of international law on the assessment of responsibility and damages in investment claims. The Investment Arbitration’ s jurisprudence indicates the relevance of investor's behaviorand practice after and before the breach of investment treaty standards by the host State to the determination of damages. Investment treaty obligations are, in principle, intended to exclusively protect qualified investors. However, conduct and practice of investor in the course of the investment activity in the host State has to be taken into account at the final stage of determination of compensation. In addition, Contribution to the Injury and non-compliance with the duty to mitigate the loss are the post-breach considerations potentially relevant to the reductionof damages arising out of investment treaty breaches. Taking into account damage-reducing factors is the potential source of development of the rules of remedies/compensationin investment treaty arbitration as well as the overall promotion of legitimacy of Investment Arbitration system.

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APA: Copy

GHANBARI JAHROMI, MOHAMMAD JAFAR, & Vesali Mahmoud, Mansour. (2016). Relevance of the Investor's Practice and Behavior to the Adjustment of Compensation Arising out of the Breach of Investment Treaties' Standards of Protection. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 17(50 ), 119-141. SID. https://sid.ir/paper/225213/en

Vancouver: Copy

GHANBARI JAHROMI MOHAMMAD JAFAR, Vesali Mahmoud Mansour. Relevance of the Investor's Practice and Behavior to the Adjustment of Compensation Arising out of the Breach of Investment Treaties' Standards of Protection. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2016;17(50 ):119-141. Available from: https://sid.ir/paper/225213/en

IEEE: Copy

MOHAMMAD JAFAR GHANBARI JAHROMI, and Mansour Vesali Mahmoud, “Relevance of the Investor's Practice and Behavior to the Adjustment of Compensation Arising out of the Breach of Investment Treaties' Standards of Protection,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 17, no. 50 , pp. 119–141, 2016, [Online]. Available: https://sid.ir/paper/225213/en

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