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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