Three Brattle-authored chapters have been included in the eighth edition of The Investment Treaty Arbitration Review, which was recently published by The Law Reviews.
Principals Dan Harris and Dr. Fabricio Nuñez and Senior Associate Ilinca Popescu contributed “Country Risk,” a chapter about the political and economic risks associated with an asset’s geographic location that can significantly affect the asset’s value. The authors argue that country risk should play a larger role in damages analyses and discuss whether – and how – to account for risks protected under investment treaties versus unprotected risks.
Principals Richard Caldwell and Dr. José Antonio García and Associate Benjamin Lawrence contributed “The Impact of EU State Aid Decisions on Investment Treaty Awards,” a chapter analyzing the European Commission’s doubts about the compatibility of the Antin award with state aid guidelines. The authors argue that the Commission’s doubts are unfounded. They also consider the wider implications of the Commission’s reasoning, in particular for continued investment in renewable energy sources.
Principals Richard Caldwell and Dr. Lucia Bazzucchi and Outside Expert Andy Ricover contributed “Transportation Arbitrations and Complexities in Estimating Damages,” a chapter on investor-state disputes in the transportation industry. The authors provide an overview of different transportation-related investments – and, in turn, arbitrations – and their common features.
The full chapters are available below.