Damages in International Arbitration under Complex Long-term Contracts
(Sprache: Englisch)
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...
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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.
Klappentext zu „Damages in International Arbitration under Complex Long-term Contracts “
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 asinterest and costs. Specialist evidence is relied on to complete composite calculations, taking into account such evasive factors as the destruction of market value, uncertainty of future revenues, projected interest rate changes, and lost dividends. The lack of understanding of the underlying
considerations, methods such as "splitting the baby", or dogmas such as the misinterpreted "efficient breach of contract", combined with the already high level of burden of proof, can make successful damages claims or properly reasoned awards difficult to achieve.
This book provides in-depth analysis of the legal, financial, and economic issues involved in the preparation of claims and arbitral awards for damages and loss of income, for the breach of complex
long-term contracts in international arbitration. The authors address matters such as the but-for method and the reconstruction of the hypothetical course of events as well as the quantification of damages.
It provides a detailed coverage of issues arising when structuring, arbitrating, or making an award on damages, making it a valuable reference for practitioners in the field. It includes a number of leading cases (including commercial and investment arbitrations), focusing on the damages analysis for breach of contract.
Inhaltsverzeichnis zu „Damages in International Arbitration under Complex Long-term Contracts “
1 Introduction; 2 The Role and Importance of Damages Law for Breach of Contract; 3 The Complex Long-term Contract; 4 Damages Claims for Breach of Contract under Comparative and Transnational Law; 5 Structuring, Analysing and Proving a Damages Claim; 6 Valuation of Damages; 7 Other Claims; 8 Conclusions
Autoren-Porträt von Herfried Wöss, Adriana San Román Rivera, Pablo Spiller
Herfried Woss is a founding partner of Woss & Partners, S.C. and has over twenty years of experience in prominent law firms, as well as at the Mexican Ministry of Labour and Social Affairs and the European Commission. He specializes in investment and commercial arbitration, with an emphasis on construction disputes, directors' disputes, and expert proceedings, as well as WTO and NAFTA panels. He currently manages a multi-million arbitration portfolio as sole- and co-arbitrator, party counsel and legal expert. Dr. Woss also founded the Investment Arbitration Forum (Mexico).; Adriana San Roman Rivera, is a partner Woss & Partners, S.C., where she has worked for ten years as an attorney at law and financial analyst, having previously worked for Obregon, Quintana y Woss, S.C. and for the National Bank of Mexico. She has extensive experience in corporate banking, financial engineering and risk analysis; legal-financial structuring of projects and infrastructure projects; legal-financial stra
Bibliographische Angaben
- Autoren: Herfried Wöss , Adriana San Román Rivera , Pablo Spiller
- 2014, XXIV, 357 Seiten, Maße: 17,6 x 25,4 cm, Gebunden, Englisch
- Verlag: Oxford University Press
- ISBN-10: 0199680671
- ISBN-13: 9780199680672
Sprache:
Englisch
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