Quantum of Moral Damages in Investor-State Arbitration Public International Law v. International Commercial Arbitration Clash of Standards?

Overview

Presented by ITA Americas Initiative

Co-Sponsored by Colombian Academy of Intermational Law (ACCOLDI), Pasifika | International Law • International Arbitration, Asociación de Egresados de la Universidad de Los Andes (UNIANDINOS)

One of the most pressing issues in Investor-State Arbitration – in view of, among others, the amount of discretion that is often thought to be involved – pertains to the question of the determination of quantum in moral damages. Investor-State dispute settlement (ISDS), as a global mechanism, draws from both the wider fabric of public international law and the global practice of international commercial arbitration. When it comes to moral damages, however, the relevant standard fluctuates not just in view of the distinct and unmistakable sources that govern each area, but also in view of the quantification method selection process. ISDS quantum decisions have both mimicked and departed from State-to-State rules (as determined by the International Court of Justice), as well as from those applied by international commercial tribunals. Other hybrid international fora (such as international human rights courts) may offer further thoughts (and perhaps also added confusion) on quantification of moral damages. This event will explore the different tools and formulas employed by ISDS tribunals, along with its ‘pros and cons’  from the perspectives of States, quantum experts and arbitrators.

The mission of the Americas Initiative is to enrich knowledge, debate, and personal relationships within the international arbitration community in the Americas. Americas Initiative has created a network of Country Delegates to represent it in different American countries.

Thanks to the generosity of Pasifika | International Law – International Arbitration and the Asociación de Egresados de la Universidad de Los Andes this event is tuition-free, but registration is required. A reception (hors d'œuvres and drinks) will be provided after the panel discussion.

Schedule and Faculty

5:45-6:05 p.m. - Registration

6:05 p.m. - Welcome Remarks

• Luz Janeth Parra, President of the Law Chapter, Alumni Association of the Universidad de Los Andes (UNIANDINOS)
• Santiago Díaz-Cediel, Americas Initiative Country Representative for Colombia, Institute for Transnational Arbitration (ITA); Vice President, Colombian Academy of International Law (ACCOLDI); Independent International Arbitrator

6:20 p.m. - Panel Discussion

Moderator: Santiago Díaz-Cediel, Independent International Arbitrator

Panelists:

• Ana María Ordóñez, National Agency for the Legal Defense of the State
• Eleonora Lozano, Universidad de Los Andes
• Carlos E. Arévalo, Universidad de La Sabana
• Lucinda A. Low, Steptoe & Johnson LLP
• Verónica Irastorza, The Brattle Group

7:40 p.m. - Q&A

8:00 p.m. - Reception

9:00 p.m. - Adjourn

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