IDEAS home Printed from https://ideas.repec.org/a/ora/journl/v1y2016i1p94-102.html
   My bibliography  Save this article

Influences On The Quantum Of Damages Awarded At Icsid

Author

Listed:
  • Mihai Berinde

    (University of Oradea)

  • Dana Petrica

    (Univeristy of Oradea)

  • Liana Mester

    (Univeristy of Oradea)

Abstract

The present paper is part of a larger study that aims to identify some of the factors that have a great impact on the quantum of the damages awarded in ICSID cases. The driver of this study is the high level of the damages awarded in this sort of disputes between foreign investors and the host state. In 2012 the ICSID tribunal awarded more than 1.77 billion USD for a breach of Fair and Equitable Treatment standard and indirect expropriation by Ecuador. Another reason for choosing this subject is the increasing number of the cases judged at this Centre. The analytical method used for analysing the determination relation between the identified factors and the quantum of the damages is the linear regression analysis. For the data collection were used as many cases’ awards as could been found published on the official site, from which were selected the cases were damages were awarded, in number of 30. For all the analysis made the statistical signification was followed and additional statistics trimming methods used, were necessary. The first factor that had been chosen was the value of damages requested, the calculations showing the impact assumed for it. The reasons beside this selection are pretty obvious: it is the most obvious factor on which the arbitrator can rely, it has the same nature of value, and it’s based on an expert’s report of damages’ valuation. There is plenty room for further analysis, this only representing the starting point, but is very important step in configuring the data base on which the following analysis will be set. For each case studied there are other characteristics, beside the value of damages requested, that were extracted and presented in order to determinate there impact or the lack of impact. For these factors is needed a preparation operation of pondering because of their nature, non-numerical, so that these will be the subject of a further analysis. The importance of this paper is also given by the definitions of the elements used in the factors’ impact analysis.

Suggested Citation

  • Mihai Berinde & Dana Petrica & Liana Mester, 2016. "Influences On The Quantum Of Damages Awarded At Icsid," Annals of Faculty of Economics, University of Oradea, Faculty of Economics, vol. 1(1), pages 94-102, July.
    • Handle: RePEc:ora:journl:v:1:y:2016:i:1:p:94-102
    as

    Download full text from publisher

    File URL: http://anale.steconomiceuoradea.ro/volume/2016/n1/10.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    damages awarded; valuation; damages requested; ICSID; arbitration;
    All these keywords.

    JEL classification:

    • F51 - International Economics - - International Relations, National Security, and International Political Economy - - - International Conflicts; Negotiations; Sanctions
    • F37 - International Economics - - International Finance - - - International Finance Forecasting and Simulation: Models and Applications
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ora:journl:v:1:y:2016:i:1:p:94-102. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin ZMOLE (email available below). General contact details of provider: https://edirc.repec.org/data/feoraro.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.