Topic: Damages

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

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

Get unlimited access to all Global Arbitration Review content