Double recovery in investment arbitration : : toward a principled treatment of double compensation / / by Leyla Bahmany.

• Superior document: Nijhoff International Investment Law Series ; v.24
• VerfasserIn: Bahmany, Leyla,
• Place / Publishing House: Leiden ;, Boston : : Brill Nijhoff,, [2023]
• Year of Publication: 2023
• Edition: 1st ed.
• Language: English
• Series: Nijhoff international investment law series ; v. 24.
• Physical Description: 1 online resource (xxv, 531 pages) :; illustrations.

"The book takes up the challenge by answering three fundamental questions: in what situations does the problem arise; what have others said and done about it; and what is the best way to tackle it? The answer to the first question gives the reader a solid typology of the situations in which the issue can present itself. The answer to the second treats the reader to a comprehensive analysis of all the possible solutions put forward by commentators and tribunals. The answer to the third question compels the reader to acknowledge that tribunals have generally failed to address the risk of double compensation, and points to the way forward"-- Provided by publisher.

"The book takes up the challenge by answering three fundamental questions: in what situations does the problem arise; what have others said and done about it; and what is the best way to tackle it? The answer to the first question gives the reader a solid typology of the situations in which the issue can present itself. The answer to the second treats the reader to a comprehensive analysis of all the possible solutions put forward by commentators and tribunals. The answer to the third question compels the reader to acknowledge that tribunals have generally failed to address the risk of double compensation, and points to the way forward"-- Provided by publisher.

Table of Contents

Existence and extent of the problem: a snapshot -- Choosing the right term (because it makes a difference) -- Types of claims vulnerable to double compensation -- Definition, requirements, and scenarios -- ISDS case law -- Analysis of suggested solutions -- Principle of prohibition of double compensation -- Application of the principle : fundamentals -- Application of the principle : possible scenarios -- Application of the principle : exceptional situations.