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.
Mining arbitrations in practice: Filing trends, shifting geography, and claimant recovery
Building on CRA’s 2023 study of disputes involving mineral assets, Tiago Duarte-Silva and Swati Kanoria examine over 150 investor-State mining arbitrations...