Deferring Future Damages to Future Tribunals: The Jurisdictional Obstacles

Abstract

Awarding compensation for future damages arising from continuing breaches has long vexed investment tribunals. This article examines the newest solution to the problem: deferring an award on future damages to a future tribunal. In 2015, for the very first time, an investment tribunal was constituted for the sole purpose of awarding compensation for deferred damages. Yet even if everything proceeds according to plan in that specific case, this article argues that the practice of deferring an award on future damages to a future tribunal raises significant jurisdictional obstacles that undermine its universal applicability.