Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Christina L. Beharry is Counsel in the International Litigation and Arbitration Department of Foley Hoag LLP in Washington, D.C., where she represents clients in international investment disputes and advises them on investment policies and treaties. She was formerly an attorney in the Trade Law Bureau of the Canadian Department of Foreign Affairs and International Trade.

Preface 
Notes on Contributors 

Part 1 
Standing, Procedure & Other Preliminary Considerations

1 Procedural Tools to Facilitate the Quantification of Damages in Investor-State Arbitration
 Adam Douglas

2 Third-Party Financing in Investment Arbitration
 Victoria Sahani, Mick Smith and Christiane Deniger

3 Reflective Loss and its Limits under International Investment Law
 Mark A. Clodfelter and Joseph D. Klingler

Part 2 
Legal Considerations

4 Causation and Injury in Investor-State Arbitration
 Patrick W. Pearsall and J. Benton Heath

5 Assessing Compensation and Damages in Expropriation versus Non-expropriation Cases
 Irmgard Marboe

6 Moral Damages
 Patrick Dumberry

Part 3 
Valuation Considerations

7 Approaches to Valuation in Investment Treaty Arbitration
 Noah Rubins, Vasuda Sinha and Baxter Roberts

8 Discounted Cash Flow Method
 Kai F. Schumacher and Henner Klönne

9 Measuring Country Risk in International Arbitration
 James Searby

10 Valuation Techniques for Early-Stage Businesses in Investor-State Arbitration
 Garrett Rush, Kiran Sequeira and Matthew Shopp

11 Valuing Natural Resources Investments
 Richard Caldwell, Darrell Chodorow and Florin Dorobantu

Part 4 
Damages from a State Perspective

12 Principles Limiting the Amount of Compensation
 Borzu Sabahi, Kabir Duggal and Nicholas Birch

13 Counterclaims and State Claims
 Marc Jacob and Jeremy K. Sharpe

Part 5 
Adjustments to Damages and Post-Award Issues

14 Approaches to the Award of Interest
 Mark Beeley

15 The Allocation of Costs in Investment Treaty Arbitration
 Matthew Hodgson and Alastair Campbell

16 Post-award Challenges of Damages Assessments
 Christina L. Beharry

Index