Damages in International Arbitration under Complex Long-term Contracts

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Herfried Wöss (, Partner, Wöss & Partners, S.C., and Visiting Professor of Arbitration at Georgetown University Law School) Adriana San Román Rivera (, Partner, Wöss & Partners, S.C.)

Damages in International Arbitration under Complex Long-term Contracts

Herfried Wöss (, Partner, Wöss & Partners, S.C., and Visiting Professor of Arbitration at Georgetown University Law School), Adriana San Román Rivera (, Partner, Wöss & Partners, S.C.), Pablo Spiller (, Jeffrey A. Jacobs Distinguished Professor of Business & Technology, University of California, Walter A Haas School of Business, Berkeley) , Santiago Dellepiane (, Senior Vice-President at Compass Lexecon)

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English

Oxford University Press
13 February 2014

International courts & procedures; International arbitration; Damages & compensation; Arbitration, mediation & alternative dispute resolution

Series: Oxford International Arbitration Series

"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. 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."

By: Herfried Wöss ( Partner Wöss & Partners S.C. and Visiting Professor of Arbitration at Georgetown University Law School), Adriana San Román Rivera (, Partner, Wöss & Partners, S.C.), Pablo Spiller (, Jeffrey A. Jacobs Distinguished Professor of Business & Technology, University of California, Walter A Haas School of Business, Berkeley), Santiago Dellepiane (, Senior Vice-President at Compass Lexecon)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 250mm, Width: 194mm, Spine: 28mm
Weight: 804g
ISBN: 9780199680672
ISBN 10: 0199680671
Series: Oxford International Arbitration Series
Pages: 384
Publication Date: 13 February 2014
Audience: College/higher education , Professional and scholarly , Further / Higher Education , Undergraduate
Format: Hardback
Publisher's Status: Active

Herfried Wöss is a founding partner of Wöss & 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. Wöss also founded the Investment Arbitration Forum (Mexico). Adriana San Román Rivera, is a partner Wöss & Partners, S.C., where she has worked for ten years as an attorney at law and financial analyst, having previously worked for Obregón, Quintana y Wöss, 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 strategies in damages claims, mergers & acquisitions and anti-dumping and subsidy procedures. Adriana was Ford foundation scholar of the University of Exeter where she studied for an M.A Finance & Investment. Pablo T. Spiller is the Jeffrey A. Jacobs Distinguished Professor of Business and Technology at the Haas School of Business, University of California, Berkeley; Senior Consultant at Compass Lexecon; Research Associate at the National Bureau of Economic Research; and the former President of the International Society for New Institutional Economics. Prior to joining Compass Lexecon he was the co-chair of the International Arbitration Practice Group at LECG. He is Editor-in-Chief of the Journal of Law, Economics, and Organization, and Associate Editor of the Journal of Applied Economics, the Regulation Magazine, the Journal of Comparative Economics. Dr. Spiller has extensive consulting and expert testimony experience. He has testified as expert in more than ninety international arbitration cases. Santiago Dellepiane is a Senior Vice President with Compass Lexecon. He has worked extensively as a consultant for utilities, regulated, and non-regulated businesses. His work involves economic analysis, valuation, business advisory, damages assessment and intellectual property issues. Mr. Dellepiane has testified on valuation and damages issues. For over fourteen years he has worked on a large variety of economic, valuation, and business consulting engagements for clients in several countries and in sectors including infrastructure, energy, consumer products, media and hospitality franchises, and has been a project manager working with counsel on treaty and commercial arbitrations under ICSID, ICC and other venues, U.S. litigation proceedings, and Canadian Court proceedings. Mr. Dellepiane was previously a Principal with LECG, LLC and General Manager of its International Arbitration Practice Group, where he was responsible for the management of the practice.

Reviews for Damages in International Arbitration under Complex Long-term Contracts

For those advising in relation to difficult damages issues which can arise in complex long-term contracts, this book provides a most useful and comprehensive reference for the many issues which are likely to occur. Hilary Heilbron QC, Brick Court Chambers The particular merit of this work lies in the diversity of perspectives it presents. The thorough analysis of the legal framework is accompanied by comprehensive considerations of economic and financial nature, which combined will serve as a solid reference for the making of well-reasoned and fair awards on damages This book will prove very useful to all professionals specializing in international arbitration, both in Civil law and Common law jurisdictions. Bernd Ehle, Partner, LALIVE