International arbitration remains the preferred forum for resolving cross-border disputes, yet damage quantification remains one of its most contentious aspects. Inconsistent awards, the late introduction of new theories, and challenges in expert testimony can impact credibility and lead to unpredictable outcomes.
Our International Arbitration Partner Smitha Menon and Foreign Law Associate Divya Harchandani have co-authored the article, “Quantifying Damages in International Arbitration: A Comparative Analysis of Indian and Singapore Courts’ Approaches”, published in the Singapore Academy of Law Journal.
In the article, they examine the nuances of damage quantification in international arbitration, comparing the approaches under Singapore and Indian law. Additionally, they also discuss key challenges faced by tribunals, experts, and counsel, including the broad discretion arbitrators hold in assessing damages and the lack of clear guidelines in arbitration rules.
By examining cases from India and Singapore, the article highlights ways in which one can improve the quality and predictability of arbitration outcomes, ultimately benefiting all users of the system.
Click here to read the full chapter.