Research Associate Daniel Nicholas Pakpahan presented his draft paper titled “Equitable considerations and investor-State compensation awards: Does the Chorzów Factory doctrine of full reparation need updating?” for expert feedback and discussion with the audience. His paper critically addresses the principle of full reparation as applied in investor-state arbitration that has led to inflated amounts of damages being awarded to foreign investors, sometimes even for unrealized investments. It revisits the principle of equity to which international courts and tribunals frequently resorted in the adjudication of damages claims and the possibility of operationalizing this principle in the reform of investor-state arbitral practice on damages, as is currently being attempted at the UNCITRAL Working Group III. His paper was commented by the expert discussant, Dr. Günes Ünüvar, Postdoctoral researcher at the Luxembourg Centre for European Law (LCEL), who has written extensively on international investment law.

The Colloquium was organised by the Hasselt University Doctoral Schools, with participation from doctoral researchers and academics focusing on international investment law, either in person or remotely. The Colloquium brings together various topics such as business and human rights, climate change, procedural reform of investor-state dispute settlement, and critical approaches to international investment law.