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IISD Best Practices Series: Compensation Under Investment Treaties (Advance Draft)

This advance draft of the latest IISD Best Practices Series paper focuses on the subject of compensation, examining awards in past investment treaty arbitrations, arbitral jurisprudence, valuation techniques for determining the level of compensation, and some of the policy concerns that have been raised involving the jurisprudence to date.

The paper also provides options for consideration going forward. Please note that this paper is an advanced draft version for comment, with an updated version forthcoming thereafter. To provide feedback on the paper, please write to investmentlaw@iisd.org.

In August 2019, IISD presented a webinar on this subject, entitled Damages in International Investment Law, and featuring Jonathan Bonnitcha, Senior Lecturer at the Law Faculty of the University of New South Wales and an Associate with IISD’s Economic Law and Policy Program and Nathalie Bernasconi-Osterwalder, Senior Director of IISD's Economic Law and Policy Program and Executive Director of IISD Europe.