Don't Delay! Addressing Damages Early in International Arbitration
Article from: TDM 1 (2017), in CILS - Biennial Symposium on International Arbitration and Dispute Resolution
Calculation and presentation of damages is an essential aspect of any international arbitration case. However, few counsel or arbitrators are familiar or comfortable with damages, their calculation, or presentation. Damages often are ignored early in an arbitration proceeding or simply left to the end. As a result, damages awards are often less than satisfactory - for the parties, counsel, and the arbitrators. This article argues that damages should be analyzed early in the arbitration process and that this can be done cost-effectively. It suggests a number of issues for early ...