Published 21 July 2017
Combining the brain trust of a veritable who's who in the international arbitration community (including lawyers, experts, and academics), The Guide to Damages in International Arbitration is billed as a "desktop reference work for those who'd like greater confidence when dealing with the numbers". Unquestionably, the book satisfies that description.
As the book's Introduction acknowledges, "damages are a critical component of most [arbitration] cases". In this author's view, that is perhaps an understatement. While damages are not available in the absence of securing jurisdiction and a favourable decision on the merits, what is an arbitration award without an equally favourable decision on "damages" - whether the form of relief is monetary or non-monetary in nature?
The premise of the book to "help all participants in the international arbitration community - from the arbitrators to the parties to counsel and experts - understand damages issues more clearly and communicate those issues more effectively to tribunals to further the common objective of assisting arbitrators in rendering more accurate and well-reasoned awards on damages" is a lofty but important goal. In 26 Chapters and just under 400 pages, the book goes a long way towards accomplishing its objective.
The guidance offered is easy to follow, practical and clear. It is divided into four main parts: (I) the legal principles applicable to the award of damages; (II) procedural issues regarding damages and the use of experts; (III) approaches and methods for the assessment and quantification of damages; and (IV) industry-specific damages issues. This review will offer a brief overview of and commentary on each of these main parts and the chapters contained therein.
The Guide to Damages in International Arbitration (Ed. John A Trenor). ISBN 978-1-910813-96-6. 2016 Law Business Research Ltd.