This study provides valuable input into the debate over the assessment of loss and the use of expert witnesses in arbitration. The consistent and continuing trend is the disparity between damages claims put forward by claimants and the corresponding damages calculations out forward by respondents. While this, in part, may be due to the nature of the claims in the sample (i.e. claims that have proceeded to a hearing and award stage rather than settling beforehand), it highlights the challenges for tribunals in reaching a final damages award when such a broad range is presented to them.
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Understanding the consistent and continuing trend is the disparity between damages claims put forward by claimants and the corresponding damages calculations out forward by respondents.
Interest is an often overlooked aspect of damages in international arbitration. We dive deeper into the topic of pre-award and post-award interest, drawing on our analysis of 181 damages awards.
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