Description
Book SynopsisThis 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.
Table of Contents Introduction Part I Contours of the Problem 1 Existence and Extent of the Problem: A Snapshot 2 Choosing the Right Term (Because It Makes a Difference) 3 Types of Claims Vulnerable to Double Compensation 4 Definition, Requirements, and Scenarios Executive Summary I Part II Existing Approaches to Double Compensation 5 ISDS Case Law 6 Analysis of Suggested Solutions Executive Summary II Part III Restating the Law on Double Compensation 7 Principle of Prohibition of Double Compensation 8 Application of the Principle: Fundamentals 9 Application of the Principle: Possible Scenarios 10 Application of the Principle: Exceptional Situations Executive Summary III Conclusion
