Abstrak

Kembali

The calculation of damages by the Tribunal in Yukos v Russian Federation is not only remarkable for the result of US $50 billion, the highest amount ever awarded in investment arbitration, but also for its reasoning. The most interesting elements in the quantification of the Claimants’ damages were the choice of the valuation date and method, the way to deal with contributory fault and the Tribunal’s considerations on the interest rate. The discussion of these complex issues provides thoughtful insights, which can also inspire future tribunals. There are also interesting differences to the reasonings and results in earlier international proceedings in the wake of the demise of Yukos, most importantly RosInvestCo v Russia and Quasar de Valores v Russia