...Consider a tribunal that awards damages under three heads: (1) delay in supply, (2) defect in quality, and (3) wrongful termination. Suppose the court finds that the wrongful termination claim...
Search Results for : "Damages"
Author: Ronnie Barnes* Published: December 2020 Jurisdiction: International Topics: Arbitral Awards Costs and Damages Description: I. INTRODUCTION It is increasingly rare to attend an international arbitration conference that does not...
Discounted Cash Flow: A Guide for the International Arbitration Practitioner ...
...that it did not have sufficient information to determine the amount of damages owed by Colombia to Eco Oro and required additional party submissions.[11] Eco Oro claimed damages of over...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...Certain provisions, such as Section 19(1) of the Indian Competition Act, 2002, allow both individuals who have suffered damages and any person, regardless of whether they have suffered damages or...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...submitted or disclosed all the documents on which it based its damages calculation.[7] Respondent raised this issue before the tribunal.[8] Nevertheless, the tribunal issued a final award ordering respondent to...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
Author: Hans Smit** Published: May 1995 Jurisdiction: United States Topics: Arbitral Awards Indemnity, Damages, Punitive Damages Description: The number of decisions by the Supreme Court in the field of arbitration...
Mastrobuono v. Shearson Lehman Hutton, Inc* – Vol. 6 No. ...
...ATE is triggered when the insured loses the case. It covers expenses associated with the outcome of an adjudication: adverse damages awards, costs orders, the insured’s own expenses relating to...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...cancellation clause passed an award of damages in favour of Alimenta S.A.. Alimenta S.A. filed a petition to enforce the award before the Delhi High Court, which allowed enforcement.[4] NAFED...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...by New York State law. The said dispute is adjudicated through an arbitration seated in New York, which culminates in an arbitral award directing the company to pay punitive damages...
To Do or Not To Do: The Financial Disclosure of ...
...the claimant had prayed for termination of a franchise agreement as against four partners and for damages and injunctive relief against Hyle, one of the partners. The arbitrator, proceeding under...
Correcting Arbitral Mistakes – Vol. 10 No. 2
...stipulated specific performance, or in the alternative, $100 million in damages. The arbitrators, holding that Elektrim had indeed breached its contract, denied specific performance and awarded only $38 million in...
Preclusive Effects of an International Arbitral Award* – Vol. 15 ...
...Under such standards, a tribunal may grant a request for interim measures upon the applicant showing that it could suffer harm “not adequately reparable” by a damages award and that...