This conference will examine the interrelation between substantive legal issues relating to monetary relief and how arbitral tribunals can structure the proceedings to best deal with these issues efficiently. Experienced arbitration practitioners will seek in particular to identify the “typology” of claims so as to organise the arbitration constructively according to the issues and difficulties raised. Speakers will consider the purpose that the transfer of monies seeks to accomplish, and the impact of applicable law as well as that of the contract terms before examining in detail the issues raised by (i) “but-for” claims (in which a party seeks to be put in the position it would have been absent the event triggering liability); (ii) recovery of actual expenses; and (iii) the determination of quantum where it depends on information that is only in the possession of the respondent (such as amounts of royalty payments in patent licensing arrangements). The perspectives of arbitrators, counsel and quantum experts will be explored.
Organization
Swiss Arbitration Association