Damages in International Arbitration Under Complex Long-term Contracts

Damages in International Arbitration Under Complex Long-term Contracts
Title Damages in International Arbitration Under Complex Long-term Contracts PDF eBook
Author Herfried Wöss
Publisher
Pages 357
Release 2015
Genre Breach of contract
ISBN 9780191819667

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Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs.

The Guide to Damages in International Arbitration

The Guide to Damages in International Arbitration
Title The Guide to Damages in International Arbitration PDF eBook
Author John A. Trenor
Publisher
Pages 503
Release 2020
Genre Damages
ISBN 9781838622121

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Damages in International Arbitration under Complex Long-term Contracts

Damages in International Arbitration under Complex Long-term Contracts
Title Damages in International Arbitration under Complex Long-term Contracts PDF eBook
Author Herfried Wöss
Publisher OUP Oxford
Pages 0
Release 2014-03
Genre Law
ISBN 9780199680672

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This is a detailed analysis of the legal and financial matters arising from the formulation of claims to the award of damages and loss of income, in the case of breach of long-term complex contracts in international arbitration. It tackles the challenges of structuring claims and awarding damages, with focused examination of the but-for method.

Guide to Damages in International Arbitration

Guide to Damages in International Arbitration
Title Guide to Damages in International Arbitration PDF eBook
Author John A Trenor
Publisher Law Business Research Ltd.
Pages 237
Release 2016-11-05
Genre
ISBN 1912377527

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Global Arbitration Review's The Guide to Damages in International Arbitrationis a desktop reference work for those who'd like greater confidence when dealing with the numbers. The guide, edited by John A. Trenor of Wilmer Cutler Pickering Hale and Dorr LLP, covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. For each of the major methodologies employed by damages experts the book describes the basics of the approach, the areas of general agreement, and the points at which consensus can break down. The book acts as a compass for non-accountants and non-economists, enabling them to argue or umpire the damages part of cases more effectively. This guide contains 27 chapters, sectioned into four parts: I. Legal Principles Applicable to the Award of Damages II. Procedural Issues and the Use of Damages Experts III. Approaches and Methods for the Assessment and Quantification of Damages IV. Industry-Specific Damages Issues. Contributors include top names at organisations like White & Case LLP, Freshfields Bruckhaus Deringer LLP, PricewaterhouseCoopers LLP and Victoria University. 'The Global Arbitration Review Guide to Damages in International Arbitration covers most issues likely to be faced by arbitrators, counsel and experts. The twenty-six chapters are written by experts in their respective fields. Their advice is down to earth and practical. The Guide fulfills the aim described by John Trenor in his Introduction: "e; to make the subject of damages in international arbitration more understandable and less intimidating for arbitrators and other participants in the field and to help participants present these issues more effectively to tribunals."e;'- Anthony Connerty, Barrister in practice, IDR Group and 4-5 Gray's Inn Square

Damages in International Arbitration Under Complex Long-Term Contracts

Damages in International Arbitration Under Complex Long-Term Contracts
Title Damages in International Arbitration Under Complex Long-Term Contracts PDF eBook
Author Herfried Wöss
Publisher
Pages 384
Release
Genre Electronic book
ISBN 9780191501975

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This is a detailed analysis of the legal and financial matters arising from the formulation of claims to the award of damages and loss of income, in the case of breach of long-term complex contracts in international arbitration. It tackles the challenges of structuring claims and awarding damages, with focused examination of the but-for method.

Contractual Renegotiations and International Investment Arbitration

Contractual Renegotiations and International Investment Arbitration
Title Contractual Renegotiations and International Investment Arbitration PDF eBook
Author Aikaterini Florou
Publisher BRILL
Pages 261
Release 2020-03-02
Genre Law
ISBN 9004407472

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In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.

Damages in International Investment Law

Damages in International Investment Law
Title Damages in International Investment Law PDF eBook
Author Sergey Ripinsky
Publisher BIICL
Pages 616
Release 2008
Genre Law
ISBN 9781905221240

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The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.