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International Arbitration | Selected Experience
Damages and Compensation
Calculation
On behalf of an investor, in an
expropriation case predating the Economic Emergency Act
in Argentina, our experts provided a report and testimony
to the International Centre for Settlement of Investment
Disputes (ICSID) on: estimated damages against a utility
as well as the unjust enrichment on the part of the government;
compensation due to the investors in the utility; and important
economic principles to apply under a Bilateral Investment
Treatment (BIT) claim at ICSID.
A foreign-owned utility in Bolivia hired a law
firm and one of our experts to assess its chances at the
ICSID as a result of a series of actions by the regulator.
Based on the results of this analysis, including the assessment
of damages, the utility negotiated a tariff increase with
the government that allowed the utility to improve its
financial situation and receive compensation for past losses.
After the Government of Turkey expropriated
electric power plants, our experts reviewed the damages
estimate for an investor filing a BIT claim at ICSID.
As part of the negotiations between an investor
and a Central American government, our experts performed
a damages assessment for a potential claim of expropriation
of investments at the ICSID.