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Not so "rare": the valuation method behind the Tethyan challenge

Premium article - 06 September 2017

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.

Pakistan challenges arbitrator over valuation method

Pakistan challenges arbitrator over valuation method

Premium article - 12 July 2017

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.

Argentina claims fall short at ICSID

Argentina claims fall short at ICSID

Premium article - 16 January 2017

*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.

Peru fails to get costs despite treaty win

Peru fails to get costs despite treaty win

Premium article - 14 November 2016

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.

Maldives airport panel lands on quantum figure

Maldives airport panel lands on quantum figure

Premium article - 28 October 2016

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.

Overview: Economic Damages

Premium article - 03 August 2016

A quick guide to calculating economic damages in commercial arbitrations The key driver of international commercial arbitrations is almost always the claimant’s desire to recover damages – to a greater degree even than in disputes in the domestic courts. Therefore the quantum element of arbitrations usually requires three things: expert knowledge of the relevant law, expert knowledge of accounting principles (which tend to be similar whichever jurisdiction one is in), and precise quantification of the damages sought.