In a matter before the Permanent Court of Arbitration, a CRA expert was retained on behalf of a television broadcast company regarding a breach of investor-state treaty. The expert’s report evaluated the claimant’s market value after performing an analysis of comparable companies and transactions. The report also addressed the calculation of pre-award interest.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...