Dr. Tiago Duarte-Silva has opined in an ongoing ICSID investor-state arbitration based on claims that tax reassessments on a mining streaming agreement have prevented the investor from carrying on with normal business operations and that those tax reassessments will lead its investment to insolvency. Damages claimed amount to $500 million. Together with Aaron Dolgoff and Michelle Sandoval Siman, they analyzed the alleged additional costs incurred due to tax reassessments.
Earnouts in M&A: Risk allocation, incentives, and post-closing disputes
He examines a recent Delaware Supreme Court case between Johnson & Johnson and Auris Health, Inc., illustrating how courts would uphold the negotiated terms of...