Tiago Duarte-Silva and Richard Acklam were retained by the Slovak Republic in ICSID Case No. ARB/21/51 (Discovery Global LLC v. Slovak Republic) regarding an upstream oil and gas asset at exploration stage. They opined on appropriate valuation methodologies for an asset at that stage of development and damages estimates on an ex-ante and ex-post basis, and they testified at a hearing in February 2024. In the award, the tribunal dismissed the claim brought by Discovery Global.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...