Topic: Damages
Damages and costs in investment treaty arbitration studied for a third time
As UNCITRAL draws closer to formulating recommendations for ISDS reform, Allen & Overy partner Matthew Hodgson has updated his study of damages and costs in investment treaty arbitration, confirming that tribunals are giving these issues greater attention even as costs incurred by claimants and respondents have dropped.
03 June 2021
WATCH: GAR Connect: Europe
A full recording of our GAR Connect: Europe event can be found here.
24 May 2021
WATCH: GAR Connect Moscow Workshop
A full recording of our GAR Connect Moscow Workshop can be found here.
14 May 2021
Wind park investor seeks to revive Dominican lost profits claim
A Spanish renewable energy company has applied to a Miami court to revive a nearly US$288 million ICC claim against the Dominican Republic for lost profits from a wind park that was never built.
12 May 2021
Panama faces bid to revive mining claim
US mining company Dominion Minerals has applied to partially annul an ICSID award that dismissed the bulk of its US$322 million damages claim against Panama over the expropriation of a mining concession.
22 March 2021
How to get the best out of damages experts
A panel at GAR Interactive Damages discussed the role of experts in presenting damages in arbitration – debating the appearance of bias, the use of joint reports and how proactive a tribunal should be.
16 February 2021
UK court remits damages after LCIA panel refuses to fix error
The Commercial Court in London has ordered an LCIA tribunal to reconsider an award in a dispute between two Russian businessmen after it refused to correct a “computational error” that resulted in US$58 million in damages being awarded, rather than US$4 million.
11 December 2020
Queen Mary and PwC unveil study on damages in ICC arbitration
Queen Mary University of London and PricewaterhouseCoopers have unveiled a new study of damages in ICC arbitral awards, shedding light on how tribunals calculate them and the impact of submissions from the disputing parties and expert witnesses.
10 December 2020
Panel told to rethink damages in Kazakh mining dispute
The Commercial Court in London has set aside the quantum findings in a US$50 million investment treaty award in favour of a Canadian mining company against Kazakhstan after ruling that the state was not given a fair opportunity to address damages.
24 November 2020
Kahale on the “new age of the megacase”
In a keynote speech in Prague, Curtis Mallet-Prevost Colt & Mosle chairman George Kahale III argued that investor-state dispute settlement is a deeply flawed system that should be dismantled completely or rebuilt from scratch – with a focus on deficiencies in how tribunals deal with quantum in the “new age of the megacase”. Jaroslav Kudrna and Anna Bilanová of the Czech Ministry of Finance report.
08 November 2018