Moral Damages in Investment Treaty Arbitrations: Where we are and where we can go?

Yash Shiralkar
Government Law College, Mumbai, India.

Volume III, Issue V, 2020

This article seeks to highlight the advancements made in investment treaty arbitrations, specifically dealing with claims for non-material or moral injuries. It looks at the development of claims for moral damages under international law through the 20th century and its foray into the field of investment treaty arbitration. It then establishes in what circumstances a tribunal must be predisposed to consider and consequently grant such moral damages. It also tries to highlight some of the issues plaguing this particular field and how more progress can be made.