Many significant disputes involving parties from Asia are resolved by way of international arbitration. The dramatic shift from business closures during the pandemic to surging economic activity from substantial government stimulus funding has created a wide array of challenges across global supply chains. In particular, the Asia-Pacific region—which the world relies on substantially for electronics, energy, and a variety of manufacturing supplies—has been severely affected. Adding to these circumstances are rising inflation, geopolitical tensions, and emerging technologies across complex industries.

This array of unique, complicated circumstances makes the analysis of economic damages in already complicated industries even more difficult to quantify. Rigorous evaluations of industry economics and the exact casual factors of claimed quantum damages have never been more pertinent or more challenging.

NERA Managing Directors Julie M. Carey, Dr. Christian Dippon, and Bradley A. Heys examine disputes arising from counterparty disagreements in the Asia-Pacific region for Global Arbitration Review (GAR) in their chapter “All Roads Lead to Asia: Some Guideposts for Economic Damages.” The disagreements discussed in their chapter are large and meaningful business dealings across industries affected by trade partners around the world. The authors focus on how data and information can be analyzed to quantify damages and seek to apply industry-specific economic principles to quantify damages with the highest level of certainty.

The chapter is an extract from GAR’s Asia-Pacific Arbitration Review 2023. The entire publication can be found here.