ICC Institute Training on Assessment of Damages by Arbitrators

20-21 Sep 2021

Online English

The ICC Institute Advanced Level Training on Assessment of Damages by Arbitrators, taking place on 20-21 September 2021, will provide participants with practical insight into the topic. They will be given the opportunity to discuss financial approaches to assessing and calculating damages in small working groups, using a series of case scenarios.

Who should attend?

  • Practising lawyers
  • Corporate counsel
  • Judges
  • Arbitrators
  • Mediators 
  • Business professionals and academics from around the world
20 September: Training
21 September: Training

All times are EST

10.00 – 10.15

Welcoming address, introduction and presentation of the training

  • Eduardo Silva Romero, Partner, Dechert LLP, France; Chair, ICC Institute of World Business Law; Member, ICC International Court of Arbitration
  • Nicolas Bourdon, Partner, Accuracy, France
  • Stephanie Cohen, Independent Arbitrator, New York, United States

10.15 – 11.00

The Tribunal’s discretion to award damages versus the Tribunal’s duty to issue a reasoned decision

- The extent of financial reasoning required in the award

- The right of the Tribunal to reject both of the experts’ financial models without nominating an independent expert

  • Stephanie Cohen, Independent Arbitrator, New York, United States
  • Laurence Shore, Of Counsel, BonelliErede-Milan, Italy

11.00 – 11.30

Q&A

11.30 – 11.45

Coffee break

11.45 – 12.30

Financial approaches to assessing damages

- The uncertainty of the DCF method

- Other tools outside the DCF/FMV dichotomy

- The need for a more exact science

  • Nicolas Bourdon, Partner, Accuracy, France
  • Marinn Carlson, Co-leader of Global Arbitration, Trade and Advocacy, Sidley Austin LLP, Washington D.C., United States

12.30 – 13.30

Q&A and case scenarios

  • Nicolas Bourdon, Partner, Accuracy, France
  • Marinn Carlson, Co-leader of Global Arbitration, Trade and Advocacy, Sidley Austin LLP, Washington D.C., United States
  • Stephanie Cohen, Independent Arbitrator, New York, United States
  • Laurence Shore, Of Counsel, BonelliErede-Milan, Italy

All times are EST

10.00-10.45

Damnum emergens, lucrum cessans, and moral damages – how to calculate without double-counting

- In a case of unestablished business, where costs of the contract and loss of profit are sought

- In a case of conflicting business plan and real purchase offers

- How to calculate moral damages

  • Craig S. Miles, Partner, King & Spalding, Houston, United States
  • Isabel Santos Kunsman, Managing Director, Alix Partners, Washington D.C., United States

10.45 – 11.15

Q&A and case scenarios

  • Craig S. Miles, Partner, King & Spalding, Houston, United States
  • Elizabeth Oger-Gross, Partner, White & Case LLP, France
  • Philippe Pinsolle, Head of International Arbitration for continental Europe, Quinn Emanuel Urquhart & Sullivan, LLP, Switzerland
  • Isabel Santos Kunsman, Managing Director, Alix Partners, Washington D.C., United States

11.15 – 11.35

Coffee break

11.35 – 12.20

Award of interest: considerations for awarding compound post-award interest on costs, material and moral damages

  • Elizabeth Oger-Gross, Partner, White & Case LLP, France
  • Phililppe Pinsolle, Head of International Arbitration for continental Europe, Quinn Emanuel Urquhart & Sullivan, LLP, Switzerland

12.20 – 13.20

Q&A and case scenarios

  • Craig S. Miles, Partner, King & Spalding, Houston, United States
  • Elizabeth Oger-Gross, Partner, White & Case LLP, France
  • Philippe Pinsolle, Head of International Arbitration for continental Europe, Quinn Emanuel Urquhart & Sullivan, LLP, Switzerland
  • Isabel Santos Kunsman, Managing Director, Alix Partners, Washington D.C., United States

13.20 – 13.30

Closing remarks

  • Nicolas Bourdon, Partner, Accuracy, France 
  • Stephanie Cohen, Independent Arbitrator, New York, United States

Nicolas Bourdon

Partner, Accuracy, France

Marinn Carlson

Co-leader of Global Arbitration, Trade and Advocacy, Sidley Austin LLP, Washington D.C., United States

Stephanie Cohen

Independent Arbitrator, New York, United States

Craig S. Miles

Partner, King & Spalding, Houston, United States

Elizabeth Oger-Gross

Partner, White & Case LLP, France

Philippe Pinsolle

Head of International Arbitration for continental Europe, Quinn Emanuel Urquhart & Sullivan, LLP, Switzerland

Isabel Santos Kunsman

Managing Director, Alix Partners, Washington D.C., United States

Eduardo Silva Romero

Partner, Dechert LLP, France; Chair, ICC Institute of World Business Law; Member, ICC International Court of Arbitration

Laurence Shore

Of Counsel, BonelliErede-Milan, Italy

Date and venue

Training: 20-21 September 2021

Online

Registration fees

Early-bird rate until 20 August 2021: €75

After 20 August 2021: €100

These prices include VAT

Special discounts

Group rates: Register 5 persons from the same company and pay for four.
In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.

Students may benefit from a 50% discount.

ICC Members: please contact your National Committee to receive the discount code to access the member rate (20% reduction).

Please contact ICCGlobalEvents@iccwbo.org for more details.

Working language English
Credits, hours and points

This event is eligible for credits/hours/points before the New York, Paris and Florida Bars. Please note that this is subject to validation of ICC Global Events’ applications (or individual application, as necessary) to the afore mentioned Bars.

Further, ICC Global Events is a State Bar of California approved MCLE provider.

Please be aware that as this event is online and not taking place in New York state itself, attorneys wishing to gain credits from the New York Bar must validate their attendance individually and directly with them. Please consult New York’s Approved Jurisdiction Policy for details.

Please contact ICCGlobalEvents@iccwbo.org if you have any questions or would like further information.

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