Lost Profits on Tyrea’s market Sample Clauses

Lost Profits on Tyrea’s market. 147. Article 36(2) of the ILC Articles provides that “compensation shall cover any, financially assessable damage including loss of profits insofar as it is established.”79 [underlining added]. 148. In Houben v. Burundi, the Tribunal found that the compensation standard should be that of a fair market value, and that the compensation amount is not limited to just that. It can also include damages resulting from other treaty violations, such as lost profits, and it can take into account the potential increase in the value of the investment that would have happened had the investment not been expropriated.80 149. In the case at hand, Xxxxxxxxx’ Expert, Xxxxxx & Xxxxxxxxx, has valued the loss of profits incurred by Claimants in two steps. 150. First, Claimants’ Expert has calculated Claimants’ revenues in the period 2016-2017, corresponding to the period from the effective date of their investments, until the moment of the complete expropriation of Claimants’ rights thereunder on February-March 2018. He has taken into consideration Claimants’ Revenue Streams and the Costs per Finance Department. Claimants’ Expert concludes on the basis of their valuation that Claimants’ revenues in this period amounts to USD 32,594,193.00 for FriendsLook, USD 7,179,940.00 for Whistler, USD 8,500,088 for SpeakUp, excluding interest. 151. Second, their Expert have calculated the loss of profits incurred by Claimants in the period after their complete expropriation, corresponding to the blockage of their sites, by valuating the FMV of Claimants’ investments as at the date immediately prior to the total expropriation of their investments (February-March 2018), with reference to the additional cash flows that Claimants would have earned ‘but for’ the breaches committed by Xxxxx.
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