James Burrows testified on behalf of the Bolivarian Republic of Venezuela in Rusoro v. Venezuela, an ICSID proceeding involving a claim for damages of nearly $3 billion in connection with the expropriation of gold mining assets. The tribunal’s ruling resulted in a damages award much closer to Dr. Burrows’ findings than the findings of the Claimant’s expert.
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...