Double Recovery in Investment Arbitration

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.

• IntroductionPart IContours of the Problem1 Existence and Extent of the Problem: A Snapshot2 Choosing the Right Term (Because It Makes a Difference)3 Types of Claims Vulnerable to Double Compensation4 Definition, Requirements, and ScenariosExecutive Summary IPart IIExisting Approaches to Double Compensation5 ISDS Case Law6 Analysis of Suggested SolutionsExecutive Summary IIPart IIIRestating the Law on Double Compensation7 Principle of Prohibition of Double Compensation8 Application of the Principle: Fundamentals9 Application of the Principle: Possible Scenarios10 Application of the Principle: Exceptional SituationsExecutive Summary IIIConclusion