Bribery, Corruption

(FTI Consulting) and (Ernst & Young UK)/ /Leave a comment
ArbitralWomen

Corruption has been a hot topic in investor-state arbitration in recent years. This is particularly the case in situations where Claimant investors are alleged to have procured their original investment through bribery, which, if proven, may lead to tribunals denying their claims, especially under ICSID. Many commentators have focused on legal aspects such as the…

Damages, Damages experts, Investment Arbitration, Investor, Investor-State arbitration

(FTI Consulting)/ /1 Comment
ArbitralWomen

Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants will not only claim costs incurred up to the date of the breach or expropriation, but they will also claim compensation for future profits in a but-for scenario. However, a…