quantum

Consistency, Exchange rate, Investment Arbitration, Latin America, quantum, Transfer of Funds Clauses

(Baker McKenzie)/ /Leave a comment

Inconsistent decisions have long been a major criticism in investment arbitration. This does not only pertain to decisions on procedure, jurisdiction or merits but also to quantum issues. This contribution will center around one unlikely connection that has the potential to enhance consistency and predictability in an area of quantification of damages in investment arbitration:…

Arbitration Tech Toolbox, Damages, Damages experts, Hot tubbing, quantum

, (Berkeley Research Group)/ /Leave a comment

The views of the party-appointed experts in an arbitration may differ substantially, making it difficult for tribunals to navigate within the multiple areas of disagreement. Even if the disagreed issues can be isolated (e.g. via means of the joint expert report), understanding the sensitivity of the amount claimed to the individual assumptions may not be…

Central Asia, Damages, Investment Arbitration, Investor-State arbitration, Kazakhstan, Kyrgyzstan, quantum, Tajikistan, Uzbekistan

(Berkeley Research Group)/ /Leave a comment

Despite the variety of investment treaty disputes involving assets in the Post-Soviet jurisdictions in Central Asia, assessment of damages in each particular case is often heavily debated by the parties, experts and tribunals. In many instances, selecting an appropriate valuation method is the cornerstone of the tribunal’s decision-making on damages. This article provides an overview…

Arbitration, Dispute Resolution Data, quantum, Statistics

(Illustrategy, LLC and University of South Carolina Beaufort) and , (Dispute Resolution Data, LLC)/ /Leave a comment

The growing repository of international commercial arbitration case data maintained by Dispute Resolution Data (DRD) is designed to enable practitioners to use analytical tools, ranging from simple to complex, for gleaning valuable insights into the effectiveness of arbitration as an alternative dispute resolution mechanism. For example, we showed in our first blog post that among…

Arbitration, Economic, quantum

(Infrastructure Economic Consulting, LLC)/ /Leave a comment

When one talks with practitioners about the use of economics in the context of International Arbitrations, the conversation basically focuses on damages determination and what methodologies to use to determine amount of harm. Very often the discussion becomes dry and both sides end up being frustrated.  No doubt discussions around discount rates or valuation methodologies,…