Overview

This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including: What requirements must be met for the problem to arise? What have others said and done about the problem? What is the most effective way to tackle it? The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors’ and States’ interests.

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9789004549456

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Leyla Bahmany, Ph.D. (2021), McGill University Faculty of Law, is a postdoctoral associate at that university, researching and writing in the field of international arbitration. Dr. Bahmany also assists Professor Fabien Gélinas Ad. E. (Sir William C. McDonald Chair at McGill Law and former president of the ICC Canada Arbitration Committee) in his arbitral work. Dr. Bahmany is a member of the New York State Bar and has previously worked with two leading international law firms in Paris and Dubai.

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