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Damages and International Contract Law

Author: Michel BERGER

Type: Article

ref: 42004427-443

N0:4 of 2004

Pages: 427-443

After having taken notice of the difficulties that may be encountered in the issue – essential to the resolution of litigations – of the evaluation of damages, and having established its causes, the article examines the solutions provided by the main methods of lump sum or standard compensations. Then, it makes an inventory of the rules of contract international law applicable to direct evaluation, such as they are mainly employed in arbitration. In doing so, it also supplies more details/information concerning the common expert rules of evaluation that remain nowadays absolutely necessary despite their purely technical character. The prospects of damage evaluation in international contract law are also examined.