Liability and Damages in Evolving Disputes in the Americas: Addressing Ongoing Developments and Economic Impact in Arbitration

The panel will discuss issues in complex claims for infrastructure projects, under both investment treaties and contracts, against the backdrop of arbitral jurisprudence and regulatory change in the Americas. The focus will be on liability and damages in evolving disputes. The discussion will be enriched by panel perspectives from both counsel and experts on damages. Investment treaty arbitration tribunals often recognize the principle that arbitral tribunals are not courts of appeal and thus do not have the authority to review domestic judicial decisions. However, significant issues may arise when there is a mid-dispute shift in domestic jurisprudence. The panel will discuss in which scenarios such shifts can impact arguments on liability in investment treaty cases.