On 28 June 2022, Volterra Fietta hosted a virtual seminar on “Effectively Pleading Quantum in International Arbitration”.
In an investor-State arbitration, it is vitally important to understand the quantum issues as early possible. The very first pleadings to a Tribunal should set the stage for the debate on losses. Unfortunately, many practitioners may not be entirely comfortable with this approach. They are often experienced in constructing arguments and establishing evidence to bring or defend claims of legal breaches. But they outsource the issue of quantum to experts and thus delay its presentation until the first Memorial or Counter-Memorial.
This underestimates the importance of quantum in any investor-State arbitration. For investors, the recovery of their damages is the paramount concern – little satisfaction is gained from a moral award that does not adequately compensate loss. For Respondent States, protecting taxpayers from exaggerated quantum claims is key. In order to accomplish these goals, practitioners must plead quantum effectively from the earliest stages of the arbitration.
Volterra Fietta’s latest virtual seminar provided an opportunity to discuss the best ways of pleading quantum to an investor-State arbitration tribunal, with some of the most experienced practitioners and experts in the world.
Our distinguished panellists were:
Gunjan Sharma, Partner at Volterra Fietta. Mr Sharma regularly represents investors, and defends Respondent States, in investor-State arbitrations and other disputes involving billions of dollars. In the last five years alone, he has represented clients in disputes involving claims for over USD 30 billion (transboundary unitisation); USD 12 billion (oil and gas); USD 4.5 billion (mining); USD 1.5 billion (satellite communications), among many others. Volterra Fietta’s current caseload includes multiple disputes for hundreds of millions, billions and tens of billions of dollars. Mr Sharma has extensive experience in successfully pleading quantum before investor-State arbitration tribunals.
Benjamin A. Sacks, Principal at The Brattle Group. Mr Sacks has over 20 years of experience assisting corporations, investors, US government agencies, and foreign governments to develop and present economic and financial testimony in complex litigations and arbitrations. He serves as a testifying expert in both international arbitrations and US court matters. Mr Sacks has particular expertise in valuation and corporate governance. He recently served as the testifying expert for shareholders in the Re Facebook Inc., Class C Reclassification Litigation, and was the consulting expert for Russia in the Yukos ECT arbitration. Mr Sacks teaches a Continuing Legal Education course on damages featuring several valuation case studies and has taught classes to attorneys on valuation.
Megan Salehli, Principal at HKA. Ms Salehli is a forensic accountant with over 18 years of experience. She has been retained as an expert on more than 20 occasions. Ms Salehli has provided expert testimony in litigation, arbitration and deposition and has supported clients with expert reports as well as in settlements and mediations. She has acted as the expert for disputed values of up to USD 100 million and has also supported the named expert on over 100 engagements. Ms Salehli’s experience includes the management of assignments requiring the valuation of businesses, business segments, and intangible assets. She specialises in business valuation and economic damages. Ms Salehli has provided services to attorneys, insurance companies, government agencies, and public and private corporations across a variety of sectors.
For any queries regarding the content of the seminar, please email events@volterrafietta.com.
