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.
The year in review: Updates and trends
In 2022, we witnessed intense activity in matters related to supply chain issues, the energy transition, oil & gas, post-M&A disputes, licensing issues,...