Two Brattle-authored chapters have been included in the seventh edition of The Investment Treaty Arbitration Review, which was recently published by The Law Reviews.
Principals Dan Harris and Fabricio Nuñez, and Senior Associate Ilinca Popescu, contributed “Country Risk,” a chapter about the political and economic risks that are associated with an asset’s geographic location that can significantly affect the asset’s value. The authors argue that country risk should play a larger role in damages analysis and discuss whether – and how – to account for risks protected under investment treaties versus unprotected risks.
Principals Richard Caldwell and Dr. Lucia Bazzucchi, Outside Expert Andy Ricover, and Research Associate Emily Murphy contributed a chapter on disputes in the transportation industry. In “Transportation Arbitrations and Complexities in Estimating Damages,” the authors provide an overview of different transportation-related arbitrations and their common features. They also explore why many disputes in the industry involve concession agreements for infrastructure.
The full chapters are available below.