AW-Kluwer Arbitration Blog

ArbitralWomen is an Affiliate of Kluwer Arbitration Blog (KAB). All articles posted on Kluwer Arbitration Blog by ArbitralWomen Members and listed below are also available here.
Wolters Kluwer Logo

Future Profits vs Cost: When do Tribunals Consider a Damages Claim Too Speculative?

Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants will not only claim costs incurred up to the date of the breach or expropriation, but they will also claim compensation for future profits in a but-for scenario.