Articles of State Responsibility, Investment Arbitration, ISDS

(International Centre for Settlement of Investment Disputes (ICSID))/ /Leave a comment

In the commentary to the ILC draft Articles on State Responsibility it is suggested that interest is not “a necessary part of compensation in every case.” (See Article 38, Commentary 1). However, in investor-State disputes, it has become usual for parties to request, and for tribunals to include, interest on top of compensation. The awards…