Owain Stone featured in the ACICA Review
How accommodating should triers of fact be in their approach to
damages quantification?
Forensic accounting expert, Owain Stone, recently shared his
insights with the Australian Centre for International Commecial
Arbitration's (ACICA) publication, ACICA Review. In this article, Owain queried
whether the sometimes imprecise nature of damages quantification is
at odds with the flexibility of arbitrations.
Flexibility is often cited as one of the key benefits of
arbitration over litigation. Owain discussed the recent Singapore
Court of Appeal decision in CEF and CEG v CEH [2022] SGCA 541 that
highlighted the limits that must be placed on this flexibility in
the assessment of damages. Triers of fact must adapt where precise
evidence is not obtainable, applying the principle to make the best
estimate they can.
