What is Good Evidence, and What is Necessary to Meet the Burden of Proof - Journal of Damages in International Arbitration - Vol. 2, No. 1
Author(s):
Loukas Mistelis
Timothy G. Nelson
Elitza Popova-Talty
Alexander J. Bělohlávek
Miriam Harwood
Page Count:
28 pages
Media Description:
1 PDF Download
Published:
April, 2015
Description:
Originally from Journal of Damages in International Arbitration
Preview Page
The panel was convened at 9:45 a.m. on 6 October 2014 by
Loukas Mistelis, who introduced panelists Timothy Nelson, a
Loukas Mistelis, who introduced panelists Timothy Nelson, a
partner in Skadden, Arps, Slate, Meagher & Flom’s New York
office, Elitza Popova-Talty, an associate in Milbank, Tweed,
Hadley & McCloy’s Washington D.C. office, Alexander Belohlavek,
a member of the ICC court for the Czech Republic, and Miriam
Harwood, a partner in Curtis, Mallet-Prevost, Colt & Mosle’s New
York office. The panel was moderated by Grant Hanessian, a
partner in Baker & McKenzie’s New York office.
Remarks by Loukas Mistelis
Good morning, ladies and gentlemen. My name is Loukas
Mistelis. I am the director of the School of International
Arbitration and the chair of the court at the Cyprus Eurasia
Dispute Resolution and Arbitration Center. It is my great pleasure
and honor to be asked to co-chair this third edition of the
symposium. It is a pleasure because I will almost never say no to
an invitation to come back to New York. And on this particular
occasion I have an opportunity, while putting the program
together, to work with John Gotanda and Rory Walck.
It has been particularly intriguing because this topic is so
pertinent and has so many theoretical and practical dimensions.
Proving damages is key to succeeding in the pursuit of a claim,
and the burden and standard of proof is not necessarily the same
in international arbitration as it is in domestic litigation.
It is also an honor because I would not have considered myself
a damages expert in any way, although as a matter of fact I have
been—on one or two occasions—an expert on damages. In fact,
in one matter, the tribunal agreed with my expert submission and
awarded the damages that I thought was appropriate for the
circumstances.
But, as an expert in arbitration, I do greatly appreciate the
importance of working with damages. I am not one for headlines,