What is Good Evidence, and What is Necessary to Meet the Burden of Proof - Journal of Damages in International Arbitration - Vol. 2, No. 1

Author(s):

Loukas Mistelis

Timothy G. Nelson

Elitza Popova-Talty

Alexander J. Bělohlávek

Miriam Harwood

Page Count:

28 pages

Media Description:

1 PDF Download

Published:

April, 2015

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The panel was convened at 9:45 a.m. on 6 October 2014 by
Loukas Mistelis, who introduced panelists Timothy Nelson, a

partner in Skadden, Arps, Slate, Meagher & Flom’s New York

office, Elitza Popova-Talty, an associate in Milbank, Tweed,

Hadley & McCloy’s Washington D.C. office, Alexander Belohlavek,

a member of the ICC court for the Czech Republic, and Miriam

Harwood, a partner in Curtis, Mallet-Prevost, Colt & Mosle’s New

York office. The panel was moderated by Grant Hanessian, a

partner in Baker & McKenzie’s New York office.

Remarks by Loukas Mistelis

Good morning, ladies and gentlemen. My name is Loukas

Mistelis. I am the director of the School of International

Arbitration and the chair of the court at the Cyprus Eurasia

Dispute Resolution and Arbitration Center. It is my great pleasure

and honor to be asked to co-chair this third edition of the

symposium. It is a pleasure because I will almost never say no to

an invitation to come back to New York. And on this particular

occasion I have an opportunity, while putting the program

together, to work with John Gotanda and Rory Walck.

It has been particularly intriguing because this topic is so

pertinent and has so many theoretical and practical dimensions.

Proving damages is key to succeeding in the pursuit of a claim,

and the burden and standard of proof is not necessarily the same

in international arbitration as it is in domestic litigation.

It is also an honor because I would not have considered myself

a damages expert in any way, although as a matter of fact I have

been—on one or two occasions—an expert on damages. In fact,

in one matter, the tribunal agreed with my expert submission and

awarded the damages that I thought was appropriate for the

circumstances.

But, as an expert in arbitration, I do greatly appreciate the

importance of working with damages. I am not one for headlines,