Engagements

Damages and causation in arbitration over alleged breach of exclusivity and confidentiality

Moving food packaging in printer in print factory

CRA’s Tiago Duarte-Silva was retained in an ICC arbitration related to an alleged breach of exclusivity and confidentiality provisions in a contract to supply manufacturing equipment.

The claimant argued damages due to the supplier’s breach. Dr. Duarte-Silva opined on the damage calculations of an opposing expert, including the lack of economic causal links, assumptions about the competitive landscape, pricing, volumes, and alternative explanations for changes in that market.

Dr. Duarte-Silva was supported by Dr. Rahul Chhabra, Michelle Sandoval Siman, Alene Hanson, Jacob Marin-Thomson, and Hannah Sayre.