David Persampieri wrote an article entitled “Issues with feasibility studies in mining arbitrations,” which appeared in the January–March 2014 issue of Corporate Disputes. In the article, he reviews the key sources of disagreement in mining arbitrations and discusses means by which negotiating parties can seek to minimize and control the effects of project uncertainties stemming from the feasibility study phase. Click the link below to read the article.
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...