We advise on remedies available in arbitration including damages, specific performance, declaratory relief, interest, costs, and equitable remedies.
The ultimate goal of arbitration is obtaining appropriate remedies. MC Law's Remedies practice develops strategies for securing favorable relief and defending against excessive claims.
Damages are the most common remedy. We develop damages theories, work with economic experts on quantification, and present compelling damages evidence. We address expectation damages, reliance damages, restitution, and other damages measures.
Tribunals can award compensatory damages including lost profits, consequential damages, reliance damages, and restitution. The specific types available depend on the applicable law, the arbitration agreement, and the nature of the claim.
Yes, arbitrators generally have the power to order specific performance unless the applicable law or arbitration agreement restricts this remedy. However, enforcement of specific performance orders may require court assistance.
Common methods include discounted cash flow analysis, comparable transactions, book value, and market-based approaches. The method depends on the type of loss, available evidence, and applicable legal standards for causation and foreseeability.
Yes, tribunals routinely award pre-award and post-award interest. The rate, compounding method, and accrual period depend on the applicable law and tribunal discretion. Interest can substantially affect the total recovery in long-running disputes.
Moral damages compensate for non-pecuniary harm such as reputational damage and are available in many legal systems. Punitive damages aim to punish wrongdoing and are controversial in international arbitration, with most tribunals declining to award them absent clear authorization.
Order attorney-drafted documents related to this practice.
A comprehensive clearance search plus preparation and filing of one federal trademark application.
Clearance, preparation, and filing, plus responses to routine (non-substantive) Office Actions.
Full-service prosecution from filing through registration, including substantive Office Action responses.
A short-form agreement providing a security interest in copyrighted works as collateral for a loan or other financial arrangement.
An agreement used to formalize the termination of a direct hire employee, including provisions for confidentiality, intellectual property, and severance.
A notice sent to a service provider under the Digital Millennium Copyright Act (DMCA), requesting the removal of infringing content hosted on their platform.
A simplified agreement used to transfer ownership of a copyright from one party to another, including details such as rights transferred, payment, and effective date.
An agreement where the copyright owner grants a licensee the right to use the copyrighted material under specified terms, including usage scope, duration, and payment.