English to Serbian Law/Patents Law (general)

The standard of full reparation applies to non-expropriatory breaches


In applying the Chorzów Factory principle, tribunals universally adopt what Professor Dumberry describes as the “differential method” of assessing damages for non-expropriatory acts:

The purpose of the compensation must be to place the investor in the same pecuniary position in which it would have been if respondent had not violated the BIT’. This differential method consists of examining the investor’s actual financial situation and comparing it with ‘the one that would have prevailed had the act not been committed’.