Quantum Quarterly - The Damages Newsletter - Issue 03 | 3Q 2011


We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration practice group. This edition includes a guest column by Dean Graves and Aaron Stai of Alvarez & Marsal, summaries of recent damages awards and our Old But Still (Very) Useful section, this time focusing on the renowned Kuwait v. AMINOIL case (1982). As always, we welcome any feedback you may have.

Table of Contents:

Sensitivity Analysis and its Role in International Arbitrations; Recent Damages Awards – Cargill; Rosinvest; Impregilo; Our “Old But Still (Very) Useful” Section – The Kuwait v. AMINOIL case; Who We Are; and, Contacts.

Excerpt from Sensitivity Analysis and its Role in International Arbitrations

International arbitration has been criticized in recent years for not living up to the promises of a quick and cost-effective resolution to international disputes. Many feel international arbitration is morphing into a United States-style litigation process, with many disputes taking years to resolve at significant legal and professional costs. How can experts assist the arbitration tribunal, counsel, and their clients in efficiently understanding the quantum of damages?

While quantum experts are only a relatively small fraction of the total cost of an international dispute resolved through arbitration, there are opportunities for improvement that can assist inside counsel and their external legal advisors in managing costs and directing their legal arguments. Arbitrators may also have an opportunity to rely upon quantum experts to provide a key as to the drivers of the damages and resulting impact that certain changes in the underlying assumptions may have on the damages calculations.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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