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Expert Analysis

Understanding Reasonable Certainty In Int'l Arbitration

Law360, New York (May 19, 2015, 10:10 AM EDT) -- Upon a finding of liability, tribunals must make a determination with respect to damages. Claims related to events that have occurred in the past or that consist of a sum certain are straightforward and simple to calculate. Damages resulting from a breach of contract with benefits reaching into the future, or those that would have occurred in a hypothetical world, however, often include elements of uncertainty in their measurement. Such claims for damages may be challenging for claimants to establish and for tribunals to evaluate....

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