Originally from World Arbitration And Mediation Review (WAMR)

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"DAMAGES IN INTERNATIONAL ARBITRATION:

STRATEGIES, TECHNIQUES & PRESENTATION"

INTRODUCTION TO ACT IV, SCENE II
Claudia T. Salomon, Workshop Co-Chair

Scene II is the Tribunal’s deliberations. We have the lucky
opportunity to be “flies on the wall” while the Tribunal is
deliberating, something many of us would like to do in many other
circumstances. (laughter) This Tribunal is now going to deliberate
about what amount, if any, the set-off should be. Has United’s expert
premised his analysis on inaccurate assumptions? And really, what
standards should apply to the Tribunal’s assessment about the
evidence on quantum? We now get to hear the deliberations.

ACT IV– COST SUBMISSIONS AND THE TRIBUNAL'S
DELIBERATIONS

SCENE II – THE TRIBUNAL'S DELIBERATIONS

BILL ROWLEY: Good morning you two. I hope you enjoyed dinner
last night as much as I did, and I have to say that I am looking forward
to our discussions today. I hope we can move forward on some of the
issues that were presented to us during the quantum hearing last week. I
actually had trouble falling asleep last night thinking about some of the
interesting and complex issues we have to deal with.
DUSHYANT DAVE: Well, Bill, I think I had trouble sleeping
myself, but for a different reason. I had to foot the bill for last night’s
dinner, and you have very expensive tastes in wine. (laughter)
BILL ROWLEY: I do apologize as I hope I did last night. It was
entirely inadvertent that I left my wallet at the hotel. (laughter)
Now we are concerned about how to handle the possible off-set of
the award to United due to its environmental breach. We have
concluded that Paragonia breached the Agreement and violated the
BIT. So I assume that we all agree we have to try to make United
whole. But we have also determined that United breached the
Agreement by failing to construct the power plant in accordance with
the environmental requirements. It seems to me that any
environmental damage will be difficult to calculate. But again, I