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ARTICLE · 07 NOVEMBER 2017

Damages: An Expert's Perspective

Calculating damages in the context of a dispute often differs from similar exercises conducted in a commercial context.

United KingdomLitigation, Mediation & Arbitration
Vannin Capital
Vannin Capital

Authored By Ermelinda Beqiraj Partner, Pwc And Michal Piasecki Senior Manager, Pwc

Similarly, when an investor decides to pursue business opportunities in a particular jurisdiction, the protections offered by any relevant bilateral treaties may be considered when determining the feasibility and risks of the investment.

Rather than solely seeking justice, commercial claims seek to deliver to the claimant an outcome which they allege they are entitled to as a result of commercial decisions executed by willing parties.

Any claim needs to be considered in the broader commercial context of the claimant's ongoing operations, such as:

  • Management time to oversee the claim;
  • Maintaining a continuing business relationship with the defendant (in many instances the parties will continue to trade together whilst in dispute);

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