Compensation in International Investment Arbitration: Legal Aspects

Student: Mitina Olga

Supervisor: Konstantin Ksenofontov

Educational Programme: Private International Law (Master)

Year of Graduation: 2019

The paper is devoted to the legal aspects of the compensation in the International Investment Arbitration. The author defines and distinguishes the concepts of “compensation” and “damages” as types of international liability of a State in International Investment Arbitration, considers the role of causation in international investment disputes and analyzes the factors that influence the calculation of the compensation and/or damages. After deep analysis of more than 45 cases, the author concludes that arbitration practice does not provide with consistent approaches for reducing the amount of damages due to the misconduct of the injured party, as well as for reducing the amount of compensation taking into account country and expropriational risks. As a result of the research, the author suggests some criteria that can be used by arbitrators when considering the issue of proportional reduction of damages and / or compensation.

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