Jenner & Block

“Causation and Injury in Investor-State Arbitration,” Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

In this chapter, Jenner & Block Partner Patrick W. Pearsall examines the concept of causation in international dispute resolution.  The chapter features four sections: 1. the law of State responsibility, which establishes causation as the middle part of a three-step framework; 2. the internal divisions between the “factual” and “legal” elements of the causation analysis; 3. an examination of two cases, Lemire v. Ukraine and Rompertrol v. Romania; and 4. the conclusion.  The chapter appears in Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, part of the Nijhoff International Investment Law Series.  Mr. Pearsall co-authored the chapter with J. Benton Heath.