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Damages in Arbitration

Taxation of International Arbitration Awards

08/12/2024 by Aceris Law LLC

Taxation Arbitration Awards

The taxation of damages in international arbitration awards should be a significant consideration for any party embroiled in an arbitrable dispute. According to Keller and Leikin, the average tax liability in cases heard before tribunals established under the International Convention for Settlement of Investment Disputes (the “ICSID”) is an eye-watering USD 16-38.5 million.[1] Nevertheless, the […]

Filed Under: Damages in Arbitration, International Arbitration Law, Taxation Arbitration

Global Claims in Construction Arbitration

17/06/2022 by Aceris Law LLC

Global claims arbitration

Global claims, also known as “total cost claims” or “composite claims”, commonly arise in construction disputes and international arbitrations, especially in cases where projects have been delayed. Global claims are claims advanced by contractors without attempting to substantiate cause and the effect. In the words of the leading commentators on construction contracts (Keating on Construction […]

Filed Under: Construction Arbitration, Damages in Arbitration

Disruption Claims in International Arbitration

21/05/2022 by Aceris Law LLC

Disruption Claims Arbitration

Disruption claims are a common feature of most international construction arbitrations, as everyone involved in construction disputes and international arbitration knows. They are also one of the most difficult claims to succeed upon, as they are often mixed or appear in parallel with prolongation claims, also known as delay claims. Even though routinely made by […]

Filed Under: Construction Arbitration, Damages in Arbitration

Study on Damages in ICC Arbitration

19/12/2020 by Aceris Law LLC

Damages Awards in ICC Arbitration

On 10 December 2020, the Queen Mary University of London and PWC released a Study on Damages in ICC Arbitration Awards. The Study provides valuable data revealing, inter alia, how damages are approached and assessed by claimants and respondents, the role of experts in the assessment of damages and the approach taken by ICC tribunals […]

Filed Under: Damages in Arbitration, ICC Arbitration

Lost Profits in Investment Arbitration

26/07/2020 by Aceris Law LLC

Lost profits arbitration

It is common in investment arbitration that investors seek to recover the profits they claim to have lost as a consequence of one or more internationally wrongful acts perpetrated by a host State of foreign investment. Historically, in assessing damages there has been a distinction between damnum emergens (actual losses) and lucrum cessans (loss of […]

Filed Under: Damages in Arbitration, ICSID Arbitration, Investment Arbitration

The Recovery of In-House Costs in UNCITRAL Arbitration

30/01/2020 by Aceris Law LLC

UNCITRAL arbitration in-house costs

The 2010 UNCITRAL Rules  (the “Rules”) provide for an exhaustive list of costs that may be considered by Arbitral Tribunals when ruling on costs.[1] Article 40  of the Rules provides that the recoverable costs of arbitration include legal and other costs incurred by the parties to the extent that the arbitral tribunal determines that these […]

Filed Under: Damages in Arbitration, UNCITRAL Arbitration

Interest in International Investment Arbitration

24/09/2019 by Aceris Law LLC

Interest in International Investment Arbitration

In international investment arbitration interest may represent a significant portion of a final award and it is not uncommon for interest to exceed actual damages.[1] While not being an independent remedy, interest represents an important element of compensation.[2] The main purpose of an award of interest is “to compensate the damage resulting from the fact that, […]

Filed Under: Bilateral Investment Treaty, Damages in Arbitration, Investment Arbitration

Prolongation Claims in Construction Arbitration: Heads of Costs That May Be Claimed

09/07/2019 by Aceris Law LLC

“Prolongation claims”, sometimes known as “delay claims”, are a common feature of construction disputes. The expression “prolongation claim” or “delay claim” is generally used to describe a monetary claim which follows from a delay to project completion. These claims should be distinguished from a “disruption claim”, which is generally used to describe a monetary claim […]

Filed Under: Construction Arbitration, Damages in Arbitration, International Arbitration

Compensation for Violations of the Fair and Equitable Treatment Standard

14/06/2019 by Aceris Law LLC

Whereas nearly all modern international investment agreements prohibit unjust and inequitable treatment, they provide little guidance as to how the damages due to the injured investor are to be assessed. As the fair and equitable treatment (“FET“) standard itself is relatively imprecise and very much dependent on the specific circumstances of the individual case, tribunals […]

Filed Under: Arbitration Rules, Damages in Arbitration, Investment Arbitration

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