The valuation of lost dividends as determined by the arbitral tribunal in Yukos is indicative of how lost dividends may be calculated in investment treaty arbitrations. The Arbitral Tribunal Used its Own Methodology to Calculate Dividends After determining that Yukos’ Equity value in 2014 was USD 42 billion (on the basis of Yukos’ Equity value in 2007, […]
Contributory Fault And The Calculation Of Damages In Investment Arbitrations
The Yukos Arbitration, the largest arbitration award to date, provides insight into the manner in which contributory fault and the calculation of damages may be determined in investment arbitrations. The Arbitral Tribunal in the Yukos arbitration reduced the final amount to be awarded to Claimants by 25% for contributory fault because of their abuse of the […]
Third-Party Funding In Asia
Recently, a client asked whether third-party funding was legal in Asia. Jana Karam helpfully compiled the following information, which shows that third-party funding is permissible in the vast majority of jurisdictions, but not in China or Singapore, where it is clearly not allowed. Below is a review of the current status of third-party funding in […]
Damages in International Arbitration – Yukos Arbitration
THE VALUATION DATE FOR DAMAGES IN INTERNATIONAL ARBITRATION – YUKOS ARBITRATION The valuation date for damages in international arbitration is clearly important, and it does not always coincide with date suggested by the Parties in an international arbitration. The Yukos arbitration illustrates this point. The two most significant valuation dates for damages, from a quantum […]
Russia’s Strategy on Quantum – Yukos Arbitration
RUSSIA’S STRATEGY NOT TO RESPOND SUBSTANTIVELY TO QUANTUM IN THE YUKOS ARBITRATION In order to help the Tribunal reach a proper valuation of Yukos Oil Company, Claimants put forward 13 possible scenarios. The claims ranged from USD 30 billions to USD 114 billions (Final Award, para. 1701 – 1710) and the three main sets of […]