Irmgard Marboe, Calculation of Compensation and Damages in International Investment Law

Abstract

The calculation of the amount of damages to be paid to the Claimant in arbitration proceedings is of considerable importance to the party suffering said damages: However, as Irmgard Marboe illustrates at the outset of her book “Calculation of Compensation and Damages in International Investment Law” by quoting the statement by Waelde and Sabahi that “the issue of compensation and damages is the poor cousin when the royal battle rages first about jurisdiction and then about the merits.” While this is certainly true to the extent that both arbitral tribunals and legal scholars have to some extent in the past neglected the issues of compensation and damages in their awards, one might get a different impression as a spectator in a large number of arbitration proceedings: The parties tend to fight with the same passion about the numbers as they do about the questions of liability and jurisdiction.