Compensation Under Investment Treaties: Exploring ideas for reform

This webinar was aimed at starting a discussion devoted to the issues raised around compensation under international investment law and is part of IISD's dedicated series of Webinars on Investment Law and Policy.

November 24, 2020 12:00 pm - 1:15 pm CET

(Open to public)

The critical issue of compensation (or "damages") in international investment law is gaining increased attention due to concerns about the high (and growing) scale of awards. Today, there are 50 known cases in which a tribunal has awarded compensation over USD 100 million, including eight known claims of over USD 1 billion. States’ concerns about the unexpected and unintended size of arbitral awards have led to the issue of compensation being included on the agenda of the UNCITRAL Working Group III for ISDS Reform.   

But what would real compensation reform under international investment law look like? How could the principles of compensation and valuation techniques applied by arbitral tribunals be fundamentally reoriented to address concerns with outsized awards? This webinar aimed to start a discussion on these questions, presenting some potential options for reform as outlined by Jonathan Bonnitcha and Sarah Brewin in a new IISD publication, Compensation Under Investment Treaties.

The event was held on Tuesday, November 24, 2020, at 12 PM CET and had English-French interpretation. The video recording is available below.