B. Quantum
Last year at this conference, Elliott Geisinger noted as an impression that “the ever-increasing efficiency of quantum analysis tools has created an environment in which damages are awarded only if quantum is scientifically proven”,…
When assessing delay damages, a most illustrative instance of issues linked to the…
In addition, the underlying reasoning to such formulas is based on the assumption…
From a practical point of view, the following excerpt from a non-published award…
886. In this respect, the Arbitral Tribunal notes that the Respondent entered into the Contract with the Claimant representing itself as being a consortium comprising two contractors […] availing themselves of the fact that they would combine their resources to be able to perform the Contract to the satisfaction of the Respondent.…
887. The Respondent could thus expect that, with the combined resources of both members of the consortium, any delays possibly incurred in the performance of the Contract should not have had such an adverse impact as to prevent the Claimant as a whole from undertaking additional work after the Initial Time for Completion.…
888. The Arbitral Tribunal notes that, at tender, […] showed an approximate value of “works in hand” of approximately […], to be compared with […], i.e. more than ten times more. Likewise, […]’s average annual turnover during the period […].…
889. Thus, while the Respondent acknowledges that the Claimant is entitled to recover head office overheads which it may have been prevented from recovering due to any delays caused by others, not only does the Claimant not establish that […] indeed suffered the full impact of such lack of recovery, but the Respondent could legitimately expect that the combined resources of the two members of the consortium constituting the Claimant should have avoided such an impact.…
If anything, this exemplifies in quite a strong way that external disputes involving…
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