Dr. Tiago Duarte-Silva has opined in an ongoing ICSID investor-state arbitration based on claims that tax reassessments on a mining streaming agreement have prevented the investor from carrying on with normal business operations and that those tax reassessments will lead its investment to insolvency. Damages claimed amount to $500 million. Together with Aaron Dolgoff and Michelle Sandoval Siman, they analyzed the alleged additional costs incurred due to tax reassessments.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...