In this article, Andrew Tepperman discusses a set of specific liability and damages issues that could be addressed by economic and business expert testimony. The context is assumed to be an international arbitration proceeding involving firms in the pharmaceutical industry. This article appeared in the 2015 edition of The International Comparative Legal Guide to: International Arbitration, published by Global Legal Group Ltd, London. To read the article, 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...