Seyed Ghasem Zamani; vahid bazzar
Abstract
In international investment law, the investor's negligence is considered to be a factor which affects the determination the amount of reparation. Thus, if a causal relationship is established between the investor's conduct and the damage, the amount of claimable damage will be reduced in accordance with ...
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In international investment law, the investor's negligence is considered to be a factor which affects the determination the amount of reparation. Thus, if a causal relationship is established between the investor's conduct and the damage, the amount of claimable damage will be reduced in accordance with the role of the investor in the damage. This rule, which can always be used against the respondent, is concerned with the determination of the amount of reparation after assuming responsibility. The duty to mitigation as one of the aspects of "injured party’s negligence" refers to a situation in which an investor refuses to prevent extension of damage after creation of damage and despite its ability. The proof of the investor's negligence is, contrary to the current procedures, with the defendant. It does not affect the jurisdiction of the arbitration tribunal or the responsibility of the host state and can only lead to a reduction in the amount of reparation. Third party participation or force majeure in creation of the damage cannot be the basis for applying the "injured party’s negligence" rule. This is also the case when the international community is considered to be an injured party or when the investor's negligence is the sole cause of damage.
Gholam Nabi Fayzi Chekab; Ebrahim Taghizadeh; Azizollah Fahimi; Khodadad Khodadadi Dashtaki
Volume 3, Issue 11 , June 2015, , Pages 149-178
Abstract
These days, because of high costs for carrying out fundamental projects,foreign financing plays a fundamental role in economic development ofdeveloping countries, including Iran. A financier is seeking for a secureenvironment for investment in order to be able to secure its capital and to makea profit. ...
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These days, because of high costs for carrying out fundamental projects,foreign financing plays a fundamental role in economic development ofdeveloping countries, including Iran. A financier is seeking for a secureenvironment for investment in order to be able to secure its capital and to makea profit. For this purpose, the host State needs to provide a suitable environmentfrom legal, moral and economic perspectives as well as in terms of security. Inthis regard, the role of the host State in providing stability and predictability,relating to economic, legal and political issues, is of particular significance.Financing barriers are not the same in all host states. This article deals withthese barriers in Iranian law. It also considers different methods for foreignfinancing
