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.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...