Remedies

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Remedies are the whole point of an arbitration, and we build strategies to win damages, specific performance, declaratory relief, interest, and costs, while cutting down inflated claims aimed at your side.

An arbitration is only worth what it puts in your pocket or keeps out of someone else's. Remedies turn a liability finding into something concrete. We develop remedies strategy across the full range a tribunal can award, including damages, specific performance, declaratory relief, interest, and costs, and we work just as hard to shrink the excessive claims pointed at you.

Building The Damages Case

Damages are the most common award and the most contested. We construct the damages theory early, choosing between expectation, reliance, and restitution measures based on the facts and the contract. We work with economic and accounting experts on quantification, lost profits, and valuation, and we present the numbers in a way a tribunal can adopt without feeling it is being asked to guess at a windfall.

Non-Monetary Relief

Money is not always the answer. Sometimes you need the other party to perform, to stop, or to have a contested right declared once and for all. We seek specific performance, injunctive relief, and declaratory rulings where damages would not make you whole, and we frame these requests so they are precise enough to enforce. We also assess whether a tribunal has the authority to grant the relief you actually want.

Interest And Costs

Interest and cost awards often move the final figure more than the parties expect. We argue for the right interest rate, accrual date, and compounding method, and we present a cost claim that captures legal fees and expenses where the rules and the seat allow recovery. On the receiving end, we challenge inflated interest and cost demands, since these line items can rival the principal in a long-running case.

Frequently asked questions

Tribunals can award compensatory damages, which may include lost profits, consequential damages, reliance damages, and restitution. What's actually available depends on the governing law, the arbitration agreement, and the nature of your claim. Not every category is on the table in every case.

Usually yes. Arbitrators generally can order a party to perform its contractual obligations unless the governing law or the arbitration agreement limits that remedy. Keep in mind that actually enforcing a specific-performance order may require a court's help.

Common methods include discounted cash flow analysis, comparable transactions, book value, and market-based approaches. The right method depends on the type of loss, the evidence available, and the legal standards for causation and foreseeability. For something like lost future profits, a DCF analysis is often used.

Yes. Tribunals routinely award both pre-award and post-award interest. The rate, whether it compounds, and the period it runs depend on the applicable law and the tribunal's discretion. In a long-running dispute, interest can add up to a significant part of the total recovery.

Moral damages compensate for non-pecuniary harm, such as reputational damage, and many legal systems recognize them. Punitive damages are meant to punish, not compensate, and they're controversial in international arbitration. Most tribunals won't award punitive damages unless they're clearly authorized.

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