by Thomas Hachette, published in French in Option Finance n°1700, 21 April 2023. The IPEV recently published a new version…
Arbitration is an increasingly popular substitute to traditional courts for settling litigation cases. Falling under the State’s jurisdiction, opposing parties must agree on one or more arbiters, which constitute the arbitral court. This court is then charged with passing a ruling to resolve the dispute. Subject to the Code of Civil Procedure, an arbitral ruling must be communicated to and imposed on both parties. It is equivalent to a court ruling.
In arbitration, either the parties or the arbitral court may appoint a financial expert to submit an independent and fair opinion on the nature and amount of the damages suffered.
Because arbitration proceedings cover a wide range of issues, our methods are adapted to the each case as presented (see below for the types of litigation we assist in).
In valuing a damage, the method most widely adopted compares the victim’s actual situation to their situation excluding the accused misconduct, also called but-for situation.
- Write a detailed report, on behalf of the plaintiff or the defendant, about the damages claimed by the alleged victim and resulting directly from the misconduct
- Prepare a response to the opposing party’s arguments
- Assist during the arbitral proceeding: give testimony during a court hearing, prepare for opposing party cross examination, prepare written responses to questions from arbitral court, etc.
Our missions cover all types of arbitration, whether in English or in French, including international arbitration.