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.
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,...