PROGRAMME
9.00: Welcome coffee and registration
9.30: Chairs’ welcome
John Trenor, WilmerHale
Gabrielle Nater-Bass, Homburger
9.45: Session one: The GAR Live Question time – what’s still going wrong when it comes to assessing and quantifying damages?
Arbitrators are not mathematicians – but should they be? The assessment and quantification of damages continue to be thorny issues when it comes to international arbitration and, despite the paramount importance of damages, concerns still arise. What still goes wrong and how can these issues be rectified? Moreover, can they be rectified solely by arbitrators, or is expert assistance required?
Our esteemed panel will discuss questions submitted by the audience and moderator in advance. For example:
- What happens when even senior arbitrators can’t do the maths?
- What can we learn from the ICCA-ASIL Task Force on Damages on how to improve the process?
- What choices made early lead to better or worse outcomes in damages assessment and quantification?
- Do we need an industry-standard checklist to work from at the very beginning?
- How can arbitrators best navigate both the procedural and legal issues surrounding damages?
- How can we make the arbitrators more comfortable with tackling damages?
11.00: Coffee break
11.30: Session two: Approaches on new technologies and tools to help resolution of damage issues
New technology is revolutionising the legal world, with the world of arbitration quickly following suit. When it comes to damages, surely new technologies could also provide invaluable aid?
With a focus on which new technologies and tools could help and how, the panel will discuss questions such as:
- How can new technology assist in ensuring that fewer mistakes are made with regard to damage issues?
- What tools are available in the market right now to help with the legal, procedural and numerical hurdles concerning damages issues? What tools would you like to see developed that could be useful for such issues?
- What could future advancements in technology bring to the future of damages?
- To what extent can interactive spreadsheets or similar tools prepared by the parties and experts be used to assist arbitrators?
- How could augmented reality and simulations assist in dealing with damage issues (including for e.g., determining compensable heads of damages, quantification of damages, interest issues etc.)?
12.45: Chairs’ closing remarks
John Trenor, WilmerHale
Gabrielle Nater-Bass, Homburger
13.00: Close of conference
