Double Recovery in Investment Arbitration

Toward a Principled Treatment of Double Compensation

Series: 

Author:
Leyla Bahmany
This 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.
Copyright Year:
2023
E-Book (PDF)
Availability:
Published
ISBN:
978-90-04-54946-3
Publication:
14 Sep 2023
Hardback
Availability:
Published
ISBN:
978-90-04-54945-6
Publication:
25 Sep 2023
Cover Double Recovery in Investment Arbitration

Prices from (excl. shipping):

€229.99€218.00 excl. VAT
Add to Cart
Leyla Bahmany, Ph.D. (2021), McGill University Faculty of Law, is a postdoctoral associate at that university, researching and writing in the field of international arbitration. Dr. Bahmany also assists Professor Fabien Gélinas Ad. E. (Sir William C. McDonald Chair at McGill Law and former president of the ICC Canada Arbitration Committee) in his arbitral work. Dr. Bahmany is a member of the New York State Bar and has previously worked with two leading international law firms in Paris and Dubai.
 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


Practitioners of investment and commercial arbitration, arbitrators, judges, academics, university libraries, international organizations (ICSID, OECD, UNCITRAL, ICC, LCIA, and SCC), graduate students in international dispute resolution, and third-year JD/LLB students in arbitration seminars.
  • Collapse
  • Expand

Manufacturer information:
Koninklijke Brill B.V. 
Plantijnstraat 2
2321 JC
Leiden / The Netherlands
productsafety@degruyterbrill.com