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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

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

  • Article Summary: International arbitral tribunals evaluate damages claims by balancing future lost profits against historical expenditure when claims are deemed speculative. Author Alexandra van der Meulen analyzes tribunal jurisprudence regarding the DCF method versus sunk costs, emphasizing the high evidentiary burden required to establish lost profits for early-stage or unproven projects. The analysis reviews the standards applied to assess causation, financial predictability, and valuation risk in international dispute resolution.
  • Kluwer Arbitration Blog

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.