The issue of damages or compensation for breach of contract and for that matter expropriation or nationalisation in international investment law still remains as enigmatic as ever. Even a cursory glance at international arbitral awards concerning the issue gives such an impression. The presence of stabilisation clauses in a contract is considered to be one of the elements of assessment of compensation for the aggrieved party. It is not clear how the stabilisation clauses concerned in the contract played a role in the quantum of compensation awarded by various arbitral tribunals. There appears no consistency in the arbitral decision-making process across the board on the issue. The paper attempts to appraise the concerned issues.
|Number of pages||6|
|Journal||International Energy Law & Taxation Review|
|Publication status||Published - 2011|