Topic: Damages

Should tribunals use “consultant” experts?

During a session at GAR Live Damages, panellists and delegates debated whether an independent consultant appointed by the tribunal could help arbitrators to “umpire” disagreements between the experts.

23 February 2024

Another Crimea award surfaces in US court

A Ukrainian electricity company has wasted no time in applying to enforce an investment treaty award that found Russia liable for expropriating its assets in Crimea – putting the award in the public domain.

08 November 2023

Singapore court upholds nominal damages in plastics plant dispute

A Singapore court has upheld a quantum award requiring a South Korean construction group to pay only nominal damages to an Indian state-owned entity in a US$183 million dispute over a polyethylene plant contract.

25 July 2023

Construction group reports win in Stockholm mall dispute

A Swedish construction group says it has won an SCC award worth US$129 million in a dispute with a subsidiary of France’s Unibail-Rodamco-Westfield over one of Scandinavia’s largest shopping malls.

04 July 2023

Emirati investor wins damages over Algerian park project

An entity owned by Abu Dhabi’s royal family has been awarded over US$228 million plus interest and costs in an ICSID claim against Algeria over a failed project to develop a metropolitan park – as a dissenting arbitrator argues the case should have been rejected based on evidence of malfeasance.

10 May 2023

Naftogaz wins US$5 billion award against Russia

BREAKING: Ukraine’s national oil and gas company Naftogaz says it has been awarded US$5 billion in an investment treaty claim against Russia over the seizure of its assets in Crimea.

13 April 2023

Sunk costs as a remedy: sunken treasure or sunken hopes?

A panel hosted by Boies Schiller Flexner at Paris Arbitration Week considered potential issues and difficulties in using sunk costs as a valuation methodology for damages calculations in international arbitration. Sagar Gupta, an associate in the firm’s London office, reports.

04 April 2023

A new damages model for an uncertain world

In a keynote speech at GAR Live Damages, independent arbitrator Mark Kantor proposed a “creative valuation tool” to address increasingly disruptive uncertainties when assessing damages.

14 February 2023

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

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