The valuation of damages in changing and economic and political circumstances is subject to multiple challenges such as the balance between the hypothetical normal course of events under both the Chorzów formula and the Fair Market Value measure of damages, and the due consideration of extraordinary circumstances such as economic crises which would have to be taken into consideration under Mommsen’s "differential hypothesis" leading to the expectation interest and Market Value.
The Ninth Investment Arbitration Forum will analyse through prominent speakers and experts this and other key issues of damages analysis in international law taking into consideration the lessons learnt in Latin America and their relevance for investment arbitration in Europe.