Damages in International Arbitration under Complex Long-term Contracts

Hardcover | March 7, 2014

byHerfried Woss, Adriana San Roman Rivera, Pablo Spiller

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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 totheir 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. Specialist evidence is relied on to complete composite calculations, taking into account such evasivefactors 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 analysisfor breach of contract.

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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 totheir nature and amount: while they are comp...

Herfried Woss is a founding partner of Woss and 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' disput...
Format:HardcoverDimensions:400 pages, 9.69 × 6.73 × 0.1 inPublished:March 7, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199680671

ISBN - 13:9780199680672

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Table of Contents

1. Introduction2. The Role and Importance of Damages Law for Breach of Contract3. The Complex Long-term Contract4. Damages Claims for Breach of Contract under Comparative and Transnational Law5. Structuring, Analysing and Proving a Damages Claim6. Valuation of Damages7. Other Claims8. Conclusions