Topic: Damages

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

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