24 May 18

ICC Austria Seminar: Damages in International Arbitration

Vienna, Austria, • English

Damages are the principal remedy in international business disputes. The objective of this two-day seminar is to introduce the participants into the damages doctrine under different rules of law, including international law.

Description

The invited practitioners will guide the participants on how to structure a damages claim or to reason a damages award, using actual and hypothetical cases. International sales, turnkey construction contracts, joint venture agreements, post M&A disputes, PPPs, oil & gas projects and other income generating contracts and investments will be used for case analysis.

„Damages have (…) become one of the most important and complex issues in international arbitration, (…), because for a claimant at least, the damages are the arbitration’s very raison d’être.” (Prof. Loukas Mistelis)

This two-day seminar is directed to counsel, arbitrators, mediators, government officials, claim managers, project directors, CFOs, project finance lawyers and economic and financial experts, academics and postgraduate students, involved or interested in commercial and investment arbitration. The case studies are directly related to the topics analysed.

Programme

24 May 2018

14:00-18:00

·         General legal principles applicable to the claim of damages regarding commercial arbitration and investment arbitration.

·         The principle of full compensation and its historical, ethical, legal-philosophical and economic foundations.

·         Measure of damages: Damnum Emergens and Lucrum Cessans vs. expectation interest (positive) and reliance interest (negative). Chorzów and Fair Market Value.

·         Requisites for the claim of damages in international arbitration.

·         Measure of damages in synallagmatic contracts and synallagmatic triallagmas.

·         Causation and its limitations: mitigation, contributory negligence and foreseeability.

·         The “but-for” rule and its relevance for the valuation of damages.

·         Application of the “but-for” rule in different types of contracts.

25 May 2018

09:00-17:00

·         Valuation of damages: date of the breach vs. date of the award.

·         Interest rates for the valuation of damages.

·         Measures to avoid under compensation and over compensation.

·         The issue of consequential damages

·         Related topics:

o   Distinction between the concepts of lost profits vs. loss-of-a-chance.

o   Distinction between the concepts of lost profits vs. unjust enrichment.

o   Relevance of the available evidence.

o   Reasonable certainty of the loss of income.

·         Liquidated Damages Clauses

o   How to defend against a damages claim?

o   The importance of liquidated damages clauses and damages formulas in complex contracts.

o   The validity and effect of liquidated damages clauses under different rules of law.

o   The relevance of contractual liquidated damages clauses in international investment protection law.

Speakers

Christian DordaRA Dr. Christian Dorda; Founding Partner at Dorda Brugger Jordis
Anne-Karin GrillMag. Anne-Karin Grill, M.A.; Partner at Schoenherr
Imgard MarboeUniv.-Prof. Mag. Dr. Imgard Marboe; Professor of European, International and Comparative Law at University Vienna
Loukas MistelisProfessor Loukas Mistelis, LLB (Athens), MLE (magna cum laude), Dr Iuris (summa cum laude) (Hanover), MCIArb, Advocate (Athens Bar), Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration.
Adriana San RománLic. Adriana San Román, M.A; Partner at Woess Partners
Gerold ZeilerRA Dr. Gerold Zeiler; Partner at zeiler.partners
Herfried WoessMag. Dr. Lic. Herfried Wöss, LL.M; founding Partner at Woess Partners

Logistical notes

Venue

Hotel Regina, Rooseveltplatz 15, 1090 Vienna

Registration

Participation fee:                 € 990,00 excl. VAT

Registration deadline:        11 May 2018

https://www.icc-austria.org/en/Seminars/Current-seminars/2072.htm 

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