A number of issues may arise when shareholders pursue reflective loss claims in investor-state disputes. Brattle Principal Richard Caldwell has analyzed this topic in the coauthored article titled “Financial Debt and Damages in Investor-State Arbitration” in The International Arbitration Review: Edition 10.
The article discusses allegations of financial imprudence in the context of international shareholder claims. Comparable issues can arise in other commercial disputes. There is often a need for coherent “but-for” reconstruction, detailed consideration of expectations and financial obligations, and an analysis of the parties’ economic incentives. This article’s recommendations can be applied broadly to similar issues.
Read the full The International Arbitration Review: Edition 10 article using the link below.View Article