Recovering Lost Profits in International Disputes


Abstract Only. Forthcoming in the Georgetown Journal of International Law.


Claims for lost profits in international disputes often involve millions of dollars. Because national laws on the awarding of lost profits are typically vague and determining the amount of lost profits that a claimant is owed often requires a tribunal to examine complex economic and financial data, these claims raise arguably the most complicated issues for a tribunal deciding a transnational contract dispute. This has resulted in awards of lost profits that seem inconsistent or arbitrary. This article thoroughly examines the awarding of future lost profit damages in transnational contact disputes. It contains a comparative study of laws on the awarding lost profits in breach of contract actions, an analysis of international tribunal decisions, and proposals to circumscribe inconsistent and arbitrary awards of lost profits.



Date of this Version

October 2004

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