The appropriate benchmark for determining the rate of prejudgment interest on arbitral awards is a source of ongoing dispute. The economic and legal merits of various alternatives have been explored in the literature, including in a recent Journal of International Arbitration paper by the authors. In this note, the authors discuss implementation issues for two commonly advocated approaches to prejudgment interest: the respondent’s borrowing rate and the risk-free interest rate. To read more, click the link below.
Looking ahead to 2026: Trends and expectations for International Arbitration
Across both investor-state and commercial cases, quantum debates have recently turned on attribution under concurrent shocks, the interaction of contract terms...