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Damages analyses in international arbitration have become increasingly complex and will continue to be so as disputes arise in new areas such as climate change, human rights, seabed and space mining, and satellite constellations. As a result, damages experts face a growing need to adapt their assessments to these evolving issues and present their analyses clearly and precisely.
In the seventh edition of Global Arbitration Review’s Guide to Damages in International Arbitration, Senior Managing Directors Julie M. Carey and Christian Dippon and Director Ralph Meghames highlight the key economic considerations involved in a proper damages assessment. Their chapter provides a practical checklist for arbitrators, outlining the core building blocks of a damages analysis and helping tribunals assess whether the parties’ estimates reasonably reflect economic harm.
The authors hope the chapter will help ease the burden on arbitrators when evaluating damages estimates. They also aim to support awards grounded in solid economic theory and more likely to be enforceable, ultimately contributing to a more favorable environment for investment.
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