Compensatory Damages Principles in Civil and Common Law Jurisdictions: Requirements, Underlying Principles and Limits

Global Arbitration Review

Anke C. Sessler Sharmistha Chakrabarti Max D. Stein

Given that international arbitration necessarily involves different traditions of law, arbitration practitioners should be aware of the conceptual differences and similarities across jurisdictions to effectively advocate for their clients. Partner Anke Sessler and counsel Sharmistha Chakrabarti and Max Stein provide an overview of the multifaceted considerations in popular civil law and common law jurisdictions relating to determining compensatory damages and of their requirements, underlying principles and limits.

This article was first published on Global Arbitration Review in June 2024; for further in-depth analysis, please visit GAR The Guide to Damages in International Arbitration 2024.