WAU 2023, 3rd Edition
May 22 to May 26, 2023

WAU 2023, 3rd Edition
May 22 to May 26, 2023

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Assessing Damages in Non-Expropriatory Breaches

October 14, 2021 At 12:00 pm to 1:30 pm EDT

6:00pm – 7:30pm Central European Time (CET).

Our panel on Assessing Damages in Non-Expropriatory Breaches will discuss whether methods and principles generally applied to measure compensation for expropriations may or may not be applicable to other treaty violations, and the current standards accepted by tribunals when addressing the assessment of damages for non-exproriatory breaches. Particularly, panelists will address the following issues:  

    • Establishing a reliable “but for” scenario: causation and foreseeability. Does the but for scenario properly remove the impact of the measures? 
    • Is the observed historical performance enough to establish the actual scenario? And what is the relevance of the principle of mitigation?
    • What is the required degree of certainty for historical damages? How certain can past damages be? Is there a need to discount historical damages to the beginning of the measures, or to otherwise reduce them? 
    • How to calculate the time value of money and pre-Award interest when losses are assessed as of the date of the Award? 
    • Forward-looking damages: Are these legally permissible for non-expropriatory breaches?
    • How to assess the reduction in the fair market value as a measure of future damages? And
    • Whether certain contingent payments and other ad-hoc compensation schemes could be used to make those assessments? 


October 14, 2021
12:00 pm to 1:30 pm EDT


Moderator: Miguel A. Nakhle – Compass Lexecon
Panelist: Julie M. Carey – NERA Economic Consulting
Panelist: Craig S. Miles – King & Spalding
Panelist: Cristina Ferraro – Miranda & Amado
Panelist: Isabel Kunsman – AlixPartners