We Need to Talk About Valuation in ISDS

There is a remarkably solid consensus in ISDS about how damages should be calculated. But why indeed should we care about the technicalities of valuation? Toni Marzal argues that this is a key question of major legal and political significance, that ought to attract as much attention as the issues of arbitral jurisdiction or investor rights. Beyond the sheer figures awarded against States, there are several major reasons to get interested in quantum-related matters.

Continue Reading →