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Emmanuel Gaillard, a partner at Shearman & Sterling and a professor of law at University of Paris XII, writes that although not often granted, it is not unheard of for a claim for moral damages to be brought before an arbitral tribunal. The remedy has been sporadically considered over a number of years, and was recently awarded in Desert Line Projects v. The Republic of Yemen , only the second case in ICSID history to grant this exceptional remedy.
August 07, 2008 at 12:00 AM
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