Part III Arbitral Proceedings: Establishing the Facts and Applying the Law, B Substantive Norms, 6 Framing the Case on Quantum

Ladies and gentlemen. During my law school days, frustration increased dramatically if teachers said that a question had no right answer. But with today’s topic that caveat does apply. On many issues examined in the next panel, few right answers present themselves with any clarity. Some wrong answers exist, of course. However, on most significant matters related to quantum of damages, divergent approaches frequently possess their own validity, each claiming some measure of truth depending on the context of its application. Part of the reason this area remains in...