Law Commons^™

A Study Of Interest, John Gotanda

John Y Gotanda

In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional practices concerning the awarding of interest, particularly whether interest should be awarded at market rates and on a compounded basis. However, many tribunals deciding transnational contracts disputes continue to follow the practice of applying national laws on interest, which often results in the application of domestic statutory interest rates calling for a fixed rate of interest to accrue on a simple as opposed to compound basis. These statutory rates often do not change to reflect economic conditions and thus may under compensate or over compensate …

Awarding Damages Under The United Nations Convention On The International Sale Of Goods: A Matter Of Interpretation, John Gotanda

John Y Gotanda

This article seeks to further a great aspiration of international law, providing a uniform set of rules governing trade. To this end, it offers a new method of interpreting the United Nations Convention on the International Sale of Goods that would foster greater uniformity among decisions calculating damages.

Claims for damages in transnational contract disputes often involve millions of dollars. While the Convention provides for the awarding of damages, the relevant articles set forth only the most basic framework for calculating damages. To resolve unsettled issues concerning the calculation of damages, courts and tribunals have turned to domestic rules, instead …

Recovering Lost Profits In International Disputes, John Gotanda

John Y Gotanda

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 …

Punitive Damages: A Comparative Analysis, John Gotanda

John Y Gotanda

In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It …

An Efficient Method For Determining Jurisdiction In International Arbitrations, John Y. Gotanda

John Y Gotanda

No abstract provided.

Awarding Costs And Attorneys’ Fees In International Commercial Arbitrations, John Y. Gotanda

John Y Gotanda

No abstract provided.

Supplemental Damages In Private International Law, John Gotanda

John Y Gotanda

No abstract provided.

Awarding Punitive Damages In International Commercial Arbitrations In The Wake Of Mastrobuono V. Shearson Lehman Hutton, Inc., John Gotanda

John Y Gotanda

No abstract provided.

Awarding Interest In International Arbitration, John Y. Gotanda

John Y Gotanda

No abstract provided.