Topic: Damages
US$9 billion Nigeria award triggers quantum discussion at GAR Live
A panel at this year’s GAR Live Energy Disputes in London questioned the quality of damages awards in recent high-value arbitrations, including a US$9 billion award against Nigeria – before being surprised to find that counsel to the claimant in that case was in the audience.
05 October 2018
Do better on damages, urges Donovan
It is not enough to be a fine legal analyst – counsel and arbitrators need to master economics, corporate finance and accounting to a “much more than basic” level and be able to disentangle legal and financial issues, ICCA president Donald Donovan has argued in a speech on damages in Seoul.
06 December 2017
Not so "rare": the valuation method behind the Tethyan challenge
Ronnie Barnes, an expert witness at Cornerstone Research in London, explains that a supposedly "rare" valuation method at issue in a recent challenge to an ICSID arbitrator is in fact a well-established methodology routinely used in business valuations for certain industries in certain circumstances.
06 September 2017
Pakistan challenges arbitrator over valuation method
As a multibillion-dollar ICSID claim over mining rights moves to the damages phase, Pakistan has applied to disqualify Bulgarian arbitrator Stanimir Alexandrov from hearing the case on the grounds that the claimants are relying on a rare valuation method that is also at issue in another case in which he is acting as counsel.
12 July 2017
The claim/award mismatch – GAR Live Energy considers the reasons
Speakers at GAR Live Energy explored why claimants in investment treaty cases often receive damages that fall far below the amount claimed and the extent to which experts and tribunals are responsible.
21 June 2017
Argentina claims fall short at ICSID
*UPDATED* Two ICSID cases filed against Argentina a decade ago have come to an end, with a German company seeing the bulk of its US$157 million claim dismissed in one case, as the state escapes damages entirely in another claim by two Spanish water companies.
16 January 2017
Peru fails to get costs despite treaty win
A US investor that lost a treaty claim against Peru over environmental pollution by failing to observe a waiver requirement will not have to bear the state’s legal and arbitration costs, an UNCITRAL tribunal has ruled.
14 November 2016
Maldives airport panel lands on quantum figure
After a finding of liability two years ago, an UNCITRAL tribunal chaired by Lord Hoffmann has ordered the Maldives to pay US$270 million to Indian infrastructure group GMR for cancelling a concession to modernise the country’s largest international airport.
28 October 2016
Overview: Economic Damages
03 August 2016
