Article – Taxation and Currency Issues in Damages Awards

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Taxes, and particularly taxes on profits, are a fact of corporate life in the majority of jurisdictions. As a result, the treatment of tax in the calculation of awards of compensation made by tribunals in international commercial and investment treaty arbitration can have a significant impact on the value of an award to a recipient. Overcompensation and undercompensation are possible where taxes are not considered appropriately or at all.

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