Abstract

Awarding compensation for future damages arising from continuing breaches has long vexed investment tribunals. This Note examines the newest solution to the problem: deferring an award on future damages to a future tribunal. In 2015, for the very first time, an investment tribunal was constituted for the sole purpose of awarding compensation for deferred damages. However, even if everything proceeds according to plan in that specific case, this Note argues that the practice of deferring an award on future damages to a future tribunal raises significant jurisdictional obstacles that undermine its universal applicability.

You do not currently have access to this article.