“Commercial rates” as prejudgment interest in international arbitration

“Commercial rates” as prejudgment interest in international arbitration

Tiago Duarte-Silva, Aaron Dolgoff
International Arbitration

The importance of clearly defining a “commercial rate” is evident in data on corporate borrowing rates. Such rates show wide variation both over time and across the borrowers’ debt maturity, seniority, and credit risk. We suggest a more empirical approach to help tribunals select a prejudgment interest rate that best comports with their interpretation of “commercial rate.” To read more, click the link below. 

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