Working with a Damages-Quantum Expert

In this session, counsel and quantum experts will focus on issues that arise after the claimed loss has been valued. The panel will discuss the legal and economic foundations for analyzing pre-award and post-award interest, tax gross-ups, mitigation, and other potential offsets to damages. Panelists will explore the interplay of legal and economic perspectives and discuss areas where the two can point to different answers.

This session will discuss the theory and practice of using experts to employ valuations in international arbitration using comparable transactions and trading multiples and drawing insights from past cases in which these methods have or have not been used. Discussion topics include:Understanding comparable transactions and trading multiple valuations and how they can be a useful alternative or complement to DCF valuations;Using economic analysis in valuations of lost profits or revenue and using subsequent findings in market multiples analysis;Calculating valuations using comparable transactions and events; andDetermining valuations using comparable trading multiples.

In this session, counsel and quantum experts will discuss critical aspects of the discount rate estimation when calculating damages using the Discounted Cash Flow (DCF) approach. The panel will provide the foundations and intuition around concepts of risk, as well as the theoretical frameworks to estimate the discount rate and its components. During the discussion, the panel will provide practical examples as well as an overview of awards and court decisions in which tribunals have accepted the DCF method and ruled on different components of the discount rate, including issues relating to country risk. Come ready with questions for this dynamic roundtable!

In this session, counsel and quantum experts will discuss critical aspects to consider when calculating damages using the Discounted Cash Flow (DCF) approach. The panel will discuss the advantages and disadvantages of the DCF approach, how inputs and projections should be computed to reflect best estimates and associated risks, and how the approach can be applied to assets in different industries. The panel will also discuss international arbitration awards in which tribunals have accepted (or rejected) the DCF method to calculate damages. Come ready with questions for this dynamic roundtable.

This lunch & learn session explores a case study in the energy sector — a dispute arising out of an intended global joint venture negotiated between two large, sophisticated, multinational companies over a period of approximately one year following an initial Memorandum of Understanding. Company 2 was to acquire an interest in a number of Company 1’s major worldwide assets, for which Company 2 would pay a cash price in the billions, reduced due to a global downturn. Critical calculations include damages for loss of bargain and damages for loss of opportunity (consequential loss, loss of chance, or wasted expenditure, etc.). Seasoned experts will present damages methodologies in a mock hearing, addressing each “head of damages” without double counting. Join us for an engaging session.