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Damages in International Arbitration Under Complex Long-term Contracts


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Table of Contents

1: Introduction 2: The Role and Importance of Damages Law for Breach of Contract 3: The Complex Long-term Contract 4: Damages Claims for Breach of Contract under Comparative and Transnational Law 5: Structuring, Analysing and Proving a Damages Claim 6: Valuation of Damages 7: Other Claims 8: Conclusions

About the Author

Herfried Woess is a founding partner of Woess & Partners, S.C. and has over twenty years of experience in prominent law firms, as well as at the Mexican Ministry of Labour and Social Affairs and the European Commission. He specializes in investment and commercial arbitration, with an emphasis on construction disputes, directors' disputes, and expert proceedings, as well as WTO and NAFTA panels. He currently manages a multi-million arbitration portfolio as sole- and co-arbitrator, party counsel and legal expert. Dr. Woess also founded the Investment Arbitration Forum (Mexico). Adriana San Roman Rivera, is a partner Woess & Partners, S.C., where she has worked for ten years as an attorney at law and financial analyst, having previously worked for Obregon, Quintana y Woess, S.C. and for the National Bank of Mexico. She has extensive experience in corporate banking, financial engineering and risk analysis legal-financial structuring of projects and infrastructure projects legal-financial strategies in damages claims, mergers & acquisitions and anti-dumping and subsidy procedures. Adriana was Ford foundation scholar of the University of Exeter where she studied for an M.A Finance & Investment. Pablo T. Spiller is the Jeffrey A. Jacobs Distinguished Professor of Business and Technology at the Haas School of Business, University of California, Berkeley; Senior Consultant at Compass Lexecon; Research Associate at the National Bureau of Economic Research; and the former President of the International Society for New Institutional Economics. Prior to joining Compass Lexecon he was the co-chair of the International Arbitration Practice Group at LECG. He is Editor-in-Chief of the Journal of Law, Economics, and Organization, and Associate Editor of the Journal of Applied Economics, the Regulation Magazine, the Journal of Comparative Economics. Dr. Spiller has extensive consulting and expert testimony experience. He has testified as expert in more than ninety international arbitration cases. Santiago Dellepiane is a Senior Vice President with Compass Lexecon. He has worked extensively as a consultant for utilities, regulated, and non-regulated businesses. His work involves economic analysis, valuation, business advisory, damages assessment and intellectual property issues. Mr. Dellepiane has testified on valuation and damages issues. For over fourteen years he has worked on a large variety of economic, valuation, and business consulting engagements for clients in several countries and in sectors including infrastructure, energy, consumer products, media and hospitality franchises, and has been a project manager working with counsel on treaty and commercial arbitrations under ICSID, ICC and other venues, U.S. litigation proceedings, and Canadian Court proceedings. Mr. Dellepiane was previously a Principal with LECG, LLC and General Manager of its International Arbitration Practice Group, where he was responsible for the management of the practice.


Damages in International Arbitration under Complex Long-Term Contracts is a marked contribution to the current paucity of scholarship on economic damages in international arbitration ... Written with the specialized practitioner as audience in mind, the books utility is reinforced by the legal, economic, and financial experience of its four authors * A. Devin Bray, The Journal of World Investment & Trade (2016) *

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