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

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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…