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?

Emerging industries, from crypto to AI to life sciences, pose unique challenges in damages arbitration. With limited track records, high volatility, and evolving regulatory landscapes, tribunals face tough questions around valuation, risk, and fairness. This panel explores how to approach damages when traditional models fall short, and what practical tools and frameworks can help navigate uncertainty in fast-moving sectors.

Expect discussion on:

• How do tribunals assess damages when companies lack revenue or performance benchmarks?
• Crypto assets – valuation and awarding damages in cryptocurrency
• Valuing pharmaceutical products still under development
• Where to start with a damages claim in a dispute over AI technology

This interactive session brings together a diverse panel of arbitration professionals to explore how damages are assessed, argued, and decided across different types of disputes and industries. The panel will share practical insights from their unique vantage points. Audience questions submitted in advance will shape the discussion, offering a well-rounded look at how damages are approached in today’s arbitration landscape.