Recovering Lost Profits in International Disputes

Posted: 4 Oct 2004

See all articles by John Y. Gotanda

John Y. Gotanda

Villanova University School of Law

Abstract

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.

Keywords: Contracts, International disputes, lost profits

Suggested Citation

Gotanda, John Y., Recovering Lost Profits in International Disputes. Available at SSRN: https://ssrn.com/abstract=599644

John Y. Gotanda (Contact Author)

Villanova University School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States
610-519-7436 (Phone)
610-519-7436 (Fax)

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