Article “Assessment of Damages and Compensation in the Context of Investor-State Dispute Settlement Reform Proposals” prepared by the research assistant of theLaboratory of International Justice of HSE University was published in thesecond issue of HSE University Journal of International Law

Article “Assessment of Damages and Compensation in the Context of Investor-State Dispute Settlement Reform Proposals” prepared by graduate of Master’s program “Law of international Trade and Dispute Resolution” and research assistant of the Laboratory of International Justice Anastasia Fomenko was published in the second issue of HSE University Journal of International Law, which was released on 07 November 2023.

The article can be found here.

The article is dedicated to reforms in the assessment of damages and compensation in international investment arbitration. As a result of critical analysis, the author identified several challenges of the valuation, such as the inflation of investment arbitration awards, arbitral tribunals’ inconsistency in the valuation, the incorrectness of awards and other problems leading to the need for reforms. The author analyzed whether the issues of damages and compensation in investor-state disputes fall within the mandate of the UNCITRAL Working Group III and in what format the reforms should be implemented. The article further focuses on viable procedural and substantive reforms on the valuation of damages and compensation in investment arbitration. The analysis of the reforms in the assessment of damages and compensation is based on the law and economics and behavioral economics approaches.

We congratulate the employee of HSE University with the publication!