Damages for breach of stabilisation clauses in international investment law: where do we stand today?

Research output: Contribution to journalArticlepeer-review

Abstract

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.
Original languageEnglish
Pages (from-to)246-251
Number of pages6
JournalInternational Energy Law & Taxation Review
Volume11/12
Publication statusPublished - 2011

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