Some key issues in estimating damages in disputes: an economist’s perspective

Some key issues is estimating damages in disputes: an economist’s perspective

By: Dr Robin Cohen
Vice President , Charles River Associates

About the lecture

The speaker has provided expert evidence and testimony on the estimation of damages in a number of disputes, including claims under bi-lateral investment treaties and in litigation before the UK courts. In this lecture, he will provide an economist’s perspective on some of the key issues concerning damages estimation that have arisen in the cases in which he has been involved. The lecture will show how experts for the Claimant and the Respondent may reach substantially different estimates of the scale of damages on the same facts but with the application of different underlying economic assumptions and models.

About the speaker

Robin Cohen is a Vice President of Charles River Associates. He was previously, for over 10 years, partner in charge of the Economic Consulting practice of Deloitte. He has more than 25 years of experience consulting on economic regulation and strategy in the energy industry in the UK and abroad. He has advised governments, regulators and utilities in the electricity, gas, and water sectors on the design of new market mechanisms, pricing and asset values, operating and contracting efficiencies, regulatory accounting and many other regulatory issues. He has acted as expert in numerous disputes providing expert reports and oral testimony under ICSID and UNCITRAL. These have comprised bi-lateral investment treaty disputes including under the Energy Charter Treaty concerning alleged expropriation and arbitrations concerning contract terms, tariff re-determinations and insurance claims. He has also acted as expert in cases before the UK Courts on energy pricing disputes and allegations of competition law abuses. He provides expert opinions in the context of regulatory investigations on regulated prices and assets. He has particular expertise in advising on State aid in the European Union (including application of the Market Economy Investor Principle) and undertaking related market reviews.