Originally from Investment Treaty Arbitration and International Law - Volume 8

Authors: Ms. Meriam Alrashid

Mr. Juan Felipe Merizalde Urdaneta

Moderator: Professor John Gotanda

Commentators: Mr. Craig Miles

Mr. Mark Bravin

Mr. Matthew Kronby

Mr. Pablo D. López Zadicoff

Mr. Sirshar Qureshi

PANEL FOUR

INTRODUCTORY REMARKS

DR. SABAHI: The next panel’s theme is “Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals’ Discretion or Toss of a Coin?”

The discussion somewhat builds upon what was discussed in the previous session, and we have an excellent group of experts here to debate. Our moderator is very well-known and does not need any introduction: Professor John Gotanda, who is an expert in the international law of damages. He has acted as expert and arbitrator in commercial arbitration cases, as well as in treaty arbitration cases. His writings have been widely cited in the industry by courts, tribunals, and he has taught The Hague Academy’s course on the law of damages. Without further ado, John.

PROFESSOR GOTANDA: Thank you very much for that kind introduction. Thanks are due to you and your colleagues for putting this excellent conference together. And I would also like to thank the sponsors too for this conference; their support helps make conferences like this possible.

The subject of this panel is damages. I am delighted that so many have stayed to the end for this panel because damages is of primary importance to the parties involved in an international investment arbitration.