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Crippling Compensation in ISDS: Current Practices and New Approaches
The issue of damages in investor-state dispute settlement
(ISDS) is gaining increased attention. Arbitrators are devoting more space
to the topic in their awards and counsel and experts in their submissions,
States are reflecting on this in their policy- and treaty-making
capacities, and academics and other commentators are increasingly
scrutinizing existing approaches and suggesting new ones. One set of
questions that arises with respect to damages relates to the legal
relevance, if any, of an award or series of awards being “crippling” for a
State. At present, the issue of whether an award or awards affect the
capacity of States to deliver basic public goods does not seem to easily
fit within the substantive and procedural contours of damages assessment
and implementation in ISDS. Join us for a lively discussion of that
approach — how we’ve arrived at it, and whether a different way forward is desirable and feasible.

The session will build on Martins Paparinskis’s paper, A Case Against
Crippling Compensation in International Law of State Responsibility. We will hear from a series of academics and practitioners on the paper and the questions it inspires, and open the floor for discussion with attendees.

Apr 15, 2021 08:00 AM in Eastern Time (US and Canada)

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