Valuation time in investment cases is the sticking point, says arbitration panel

Panellists at the first Latin Lawyer-GAR Live Arbitration Summit agreed that determining a valuation date is one of the most challenging aspects of calculating damages in investment arbitration cases, but were divided on the usefulness of judicial bifurcations.

Valuation time in investment cases is the sticking point, says arbitration panel Mark Friedman

Fabrizio Hernández, based in the Madrid office of NERA Economic Consulting outlined the practical implications of evaluating damages. “In terms of valuation date – is it the date of the injury, the date of the award, or somewhere in between? When it’s one single action it may be easy, but when it’s a succession of different potential liable actions, it can be hard to know which one to choose,” he said.

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