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.
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...