Topic: Damages
Sunk costs as a remedy: sunken treasure or sunken hopes?
A panel hosted by Boies Schiller Flexner at Paris Arbitration Week considered potential issues and difficulties in using sunk costs as a valuation methodology for damages calculations in international arbitration. Sagar Gupta, an associate in the firm’s London office, reports.
04 April 2023
A new damages model for an uncertain world
In a keynote speech at GAR Live Damages, independent arbitrator Mark Kantor proposed a “creative valuation tool” to address increasingly disruptive uncertainties when assessing damages.
14 February 2023
Economic and Financial Issues in Renewable Energy Arbitration
Featured in The European Arbitration Review 2023
11 November 2022
Art and Science Behind Damages in Investment Management Disputes
Featured in The European Arbitration Review 2023
11 November 2022
Valuation in a time of uncertainty
A conference in Prague considered how arbitrators and quantum experts should deal with the impact of sanctions, counter-sanctions and high inflation. Tatiana Rukhliada, Martin Kozak and Katerina Skryjova of PwC in Prague report.
23 September 2022
Moser award set aside over “flexible approach” to damages
Singapore’s Court of Appeal has partially set aside a €62 million ICC award over a Malaysian steel plant after finding that a tribunal chaired by Michael Moser breached due process by adopting a “flexible approach” to proof of damage.
26 July 2022
Gloster calls for arbitrators to be “modest”
Dame Elizabeth Gloster, a judge-turned-arbitrator at One Essex Court, told a GAR Live audience that arbitrators should be “modest” when confronted with highly complex technical subjects such as damages and consider having an informal "teach-in" by experts before hearings.
23 March 2022
Dominican Republic defeats bid to revive lost profits claim
A Spanish wind farm investor has failed to revive a nearly US$288 million ICC claim against the Dominican Republic for lost profits, while an Australian mining company’s ICSID claim against the Caribbean state has cleared the jurisdictional stage.
02 March 2022
Daelim defeats damages claim over plastics plant
An Indian state-owned entity has won only nominal damages in an UNCITRAL claim against South Korea’s Daelim Industrial over a polyethylene project after its case on quantum collapsed, with the tribunal criticising “serious and fundamental errors” in its methodology.
18 January 2022