Impact of the Investor's Negligence on the amount of Claimable Damage from the Host State with emphasis on International Arbitration Practice

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ZAMANI SEYED GHASEM; BAZZAR VAHID

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Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:26 Page(s): 161-185

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Information Journal Paper

Title

Impact of the Investor's Negligence on the amount of Claimable Damage from the Host State with emphasis on International Arbitration Practice

Author(s)

ZAMANI SEYED GHASEM | BAZZAR VAHID | Issue Writer Certificate

Keywords

investmentQ1

negligenceQ2

duty to mitigationQ1

international arbitrationQ1

responsibilityQ2

Abstract

In international investment law, the investor's negligence is considered to be a factor which affects the determination the amount of reparation. Thus, if a causal relationship is established between the investor's conduct and the damage, the amount of claimable damage will be reduced in accordance with the role of the investor in the damage. This rule, which can always be used against the respondent, is concerned with the determination of the amount of reparation after assuming responsibility. The duty to mitigation as one of the aspects of "injured party’ s negligence" refers to a situation in which an investor refuses to prevent extension of damage after creation of damage and despite its ability. The proof of the investor's negligence is, contrary to the current procedures, with the defendant. It does not affect the jurisdiction of the arbitration tribunal or the responsibility of the host state and can only lead to a reduction in the amount of reparation. Third party participation or force majeure in creation of the damage cannot be the basis for applying the "injured party’ s negligence" rule. This is also the case when the international community is considered to be an injured party or when the investor's negligence is the sole cause of damage.

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APA: Copy

ZAMANI, SEYED GHASEM, & BAZZAR, VAHID. (2019). Impact of the Investor's Negligence on the amount of Claimable Damage from the Host State with emphasis on International Arbitration Practice. PRIVATE LAW, 7(26 ), 161-185. SID. https://sid.ir/paper/252656/en

Vancouver: Copy

ZAMANI SEYED GHASEM, BAZZAR VAHID. Impact of the Investor's Negligence on the amount of Claimable Damage from the Host State with emphasis on International Arbitration Practice. PRIVATE LAW[Internet]. 2019;7(26 ):161-185. Available from: https://sid.ir/paper/252656/en

IEEE: Copy

SEYED GHASEM ZAMANI, and VAHID BAZZAR, “Impact of the Investor's Negligence on the amount of Claimable Damage from the Host State with emphasis on International Arbitration Practice,” PRIVATE LAW, vol. 7, no. 26 , pp. 161–185, 2019, [Online]. Available: https://sid.ir/paper/252656/en

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