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5 Analysing, Framing, and Proving a Damages Claim

From: Damages in International Arbitration under Complex Long-term Contracts

Herfried Wöss, Adriana San Román Rivera, Pablo T Spiller, Santiago Dellepiane

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 19 August 2022

Subject(s):
Damages — Remedies and costs — Compensation — Interest — Valuation — Burden of proof — Expert evidence — Tort — Umbrella clause
5.01 The way a damages claim is structured depends on multiple factors, such as the nature of the contract, the nature of the breach, loss, causation, the measure of damages, the limitations according to the applicable rules of law and the evidence available as well as the rules of evidence. Such factors are interdependent and, therefore, must be analysed jointly when framing a damages claim and awarding damages. 5.02 The first part of this chapter will have an emphasis on commercial arbitration, where the but-for premise or differential hypothesis has a...
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