2023 THAC x APRAG Symposium
One-Day Seminar on International Arbitration Trends in Asia and Globally
May 2023, Bangkok

Events Details

Date: Friday 19 May 2023

Time: 10:30 – 11:45 (ICT)

Location: Grand Ballroom (3rd floor), The Hilton Sukhumvit Bangkok

Summary:  Topic of the session is “Treatment of Damages in Civil and Common law countries” with moderator Professor Dr. Colin Ong KC and, speakers Justice Dato Mary Lim, Professor Shinichiro Abe, Dr. Nikolaus Pitkowitz and our very own Professor Xavier Favre-Bulle.

Due to the divergence in approaches taken by Civil and Common law systems, it is critical for arbitrators, counsel and in-house counsel alike to know how they should put together and present their cases in order to best deal with the treatment and quantification of damages. At times, counsel from different jurisdiction sometimes approach the issue of damages from polarised positions. Counsel from one system who are not familiar with the other may make the wrong approach risking their clients getting reduced or no damages. Similarly, arbitrators from one system who are unfamiliar on how to deal with damages in the other system also face the danger of ignoring fundamental rules in how to deal with damages. In addition to dealing with the fundamentals of compensatory damages, the panellists will also share their experiences on the preferences of different arbitration centres in making default appointment of arbitrators and how such preferences may impact upon the presentation and treatment of damages in the arbitration.