Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
Author: Christina L. Beharry
Publisher: BRILL
Total Pages: 516
Release: 2018-04-03
Genre: Law
ISBN: 9004357793

Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.

Punitive Damages

Punitive Damages
Author: Cass R. Sunstein
Publisher: University of Chicago Press
Total Pages: 299
Release: 2008-12-19
Genre: Law
ISBN: 0226780163

Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Rethinking the Law of Contract Damages

Rethinking the Law of Contract Damages
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
Total Pages: 279
Release: 2019-12-27
Genre: Law
ISBN: 1789902517

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.

Litigation Services Handbook

Litigation Services Handbook
Author: Roman L. Weil
Publisher: John Wiley & Sons
Total Pages: 1022
Release: 2012-07-10
Genre: Law
ISBN: 1118237404

Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.

Formulas for Calculating Damages

Formulas for Calculating Damages
Author: Mark S. Guralnick
Publisher:
Total Pages: 0
Release: 2012
Genre: Damages
ISBN: 9781614383123

What's the value of a deceased person, a victim's injuries, a contaminated water well? Formulas for Calculating Damages draws from the fields of law, accounting, economics, and statistics to provide a variety of formulas that help professionalize the practice of law, bolster the quality of advice provided to clients, and generate a more responsibly and skillfully presented case for damages. These formulas can be applied to thousands of case scenarios and used to informally estimate the value of a case, to negotiate or mediate settlements, or to prove damages in the course of a trial. However, they also serve many other purposes: deciding whether to accept or reject a case, whether to hire an employee or retain a contractor, whether or not to sell a business, etc. In 18 chapters, Formulas for Calculating Damages addresses basic rules and strategies-including calculating interest, measuring probability, the key rates of return, and financial ratios-and introduces the most fundamental formulas, then applies those formulas to the major practice specialties: personal injury and wrongful death, business cases, employment law, real estate, environmental law, bankruptcy, intellectual property, and family law. The last chapter provides a detailed examination of the retention of forensic experts and the top rules for using them strategically. Book jacket.

Punitive Damages: Common Law and Civil Law Perspectives

Punitive Damages: Common Law and Civil Law Perspectives
Author: Helmut Koziol
Publisher: Springer
Total Pages: 0
Release: 2011-11-30
Genre: Law
ISBN: 9783709109649

With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.