Name
Risk, reality and remedies: rethinking damages
Date & Time
Thursday, February 5, 2026, 9:45 AM - 10:45 AM
Antolín Fernández Antuña Beata Gessel-Kalinowska Vel Kalisz Mark McNeill Andrea Menaker Christoph Reichmann
Description

From COVID to sanctions, tariffs to black swan events, uncertainty is now a constant in damages arbitration. This panel dives into how tribunals and experts tackle unpredictability, especially through the lens of ex-ante vs. ex-post valuation. With shifting legal standards, economic risk, and strategic party behaviour in play, the panel will explore whether current approaches are keeping pace with a volatile world.

Expect discussion on:

  • Valuation timing: how tribunals approach ex-ante vs. ex-post assessments and the impact on risk and damages
  • Global disruptions: how tribunals respond to events like Covid-19, sanctions and geopolitical conflict
  • Effect of tariffs, energy market instability and supply chain issues on damages claims
  • How to effectively manage disclosure, confidentiality and burden of proof
  • Are tribunals equipped to apply modern approaches to risk and valuation?