Originally from World Arbitration And Mediation Review (WAMR)

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KEYNOTE ADDRESS:

FRAMING THE CASE ON QUANTUM
William W. (Rusty) Park

INTRODUCTION OF SPEAKER
Stephen Jagusch

We are very honored to have with us Rusty Park, who will now be
giving you a presentation containing some thoughts on the subject of
framing the case on quantum. Rusty will be known to most of you.
Amongst his many achievements are his position as a Professor of
Law at Boston University and his status as a co-author of the leading
text on ICC arbitration, which he wrote with Jan Paulsson, who is also
extremely well known to you all, and Laurie Craig.
You can read for yourself the relatively modest biography that has
been put in the papers, but there are some things that you will not
learn there. One particular thing you will not know about Rusty is
something that I, too, have only recently learned. Rusty has just been
appointed by the President of the United States to the ICSID roster for
the United States, which is an incredible achievement. He replaces
Fred Fielding and he will serve a term of six years. I would like to
think that he is going to be appointed many times. But we shall have
to wait and see how that unfolds. It is a huge statement and attestation
to Rusty’s prowess in this field. We are very honored and privileged
to have him address us today, and I invite Rusty to the podium.
(applause)

FRAMING THE CASE ON QUANTUM
William W. (Rusty) Park

Ladies and gentlemen. During my law school days, frustration
increased dramatically if teachers said that a question had no right
answer. (laughter) But with today’s topic that caveat does apply. On
many issues examined in the next panel, few right answers present
themselves with any clarity. Some wrong answers exist, of course.
However, on most significant matters related to quantum of damages,
divergent approaches frequently possess their own validity, each
claiming some measure of truth depending on the context of its
application.