Damages, Expert Evidence and Valuation in Commercial Disputes in India

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Description
Jurisprudence surrounding the law of damages and valuation has remained constantly in flux. However, despite being at the forefront of commercial litigation and arbitration landscape, there is a lack of dedicated and reliable authorities devoted to the study of this area of law in India. The central objective of Damages, Expert Evidence and Valuation in Commercial Disputes in India is to bridge that gap. With contributions authored by practitioners across several common law jurisdictions in addition to India, there is a conscious attempt to produce a body of work that, though Indian law–facing, is well contextualized within the developments in common law jurisdictions and provides a comparative analysis wherever appropriate
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Table of Contents
Part A. Damages - Principles
1. General Principles of Compensatory Damages
2. Types of Damages Under Indian Law
3. Causation : Establishing Loss and Limiting Damages in Commercial Contracts
4. Remoteness and Foreseeability of Damages Under Indian Law
5. Principles of Reducing Damages
6. Non - Compensatory Damages in india
7. Restitutonary Damages in India
8. Liquidated damages
9. Issue relating Burden of proof of Liquidated Damages under Indian Law
10. Damages and Indemnity
11. Damages for Misrepresenation
12. Damages for Related Issue in Put and call option Disputes
13. Limitation of Liability Clause
14. Compensation and Damages in Investment Treaty Arbitrations
15. Damages in Intellectual Property Cases in India
16. Reflective Loss Claims
17. Evolving Statutory Development and Jurisprudence under Indian Law Regarding Specific Performance as a Relief for Breach of Contract vis-a-vis Damages
Part B. Expert Evidence
18. Issue Involving Expert Evidence in Arbitration and Indian Civil Procedure
19. General Principles on Expert Evidence under Indian Law
20. Principles of Expert Evidence Under Indian Law
21. Privilege Issues Relating to Expert Evidence in Arbitration and Court Litigation
22. Cross Examination of Expert Witness
Part C. Valuation of Damages
23. Valuation Methodologies in International Arbitration
24. Income Based Approaches to Valuation of Damages
25. Cost/ Asset - Based Approach in Valuing Damages
26. Market Based Valuation Method
27. Role of Experts in Construction Arbitrations
28. Valuation Techniques for Shareholder Rights in Investment Agreements
29. Taxation and Currency Issues in Awarding Damages in International Arbitration
30. Award of Interest in Court Litigation : A Comparative Perspective
31. Award of Interest in International Arbitration
32. Costs in Arbitration
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Author Details
Gaurav Pachnanda SA
Kartikey Mahajan
Forewords By :  Lord Goldsmith KC, Lucy Reed