CIAO DATE: 02/2013
February 2013
Columbia Center on Sustainable Investment
The failure of investment tribunals to grasp the compensatory nature of moral damages awarded to investors has led to doctrinal and practical difficulties in the treatment of moral damages. Many such difficulties can be addressed by identifying the specific moral injury suffered -- whether mental or reputational -- and awarding commensurate compensation rather than satisfaction, restitution or punitive damages.
Resource link: The compensatory nature of moral damages in investor-state arbitration [PDF]