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Investor Presentaiton

Al-Warraq vs Indonesia (2012) On UNCITRAL - Cont'd the Tribunal finds that moral damages are generally awarded only if illegal action was motivated or maliciously induced (see for instance Inmaris v. Ukraine ICSID Case No: ARB/08/8 - Award of 1.3.2012 para 428; see also in a later award the Rompetrol Group v. Romania ICSID Case No: ARB/06/3 - Award dated 6.5.2013: "The Claimant assetls in its Post-Hearing submissions that "moral damages cover non-pecuniary injury for which monetary value cannot be mathematically assessed and ... must be determined by the tribunal with a certain amount of discretion." This would conform to the approach taken by the only two IC'SID tribunals that have hitherto awarded moral damages. A leading commentary draws as its conclusion from the cases that tribunals seem to enjoy "an almost absolute discretion in the matter of determining the amount of moral damages. The very fact, however, that this alternative claim for damages is both notional and widely discretionary prompts a considerable degree of caution on the part of the present Tribunal in facing the proposition that compensable 'moral' damage can be suffered by a corporate inveslor. "
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