Article – The Use, and Misuse, of Hindsight in Damages Calculations

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The date at which economic losses are assessed can significantly affect the amount of damages awarded to claimants. There is much discourse as to whether losses should be assessed at the date of the alleged wrongful act, or at the date of an award, as a matter of customary international law. However, there is less commentary on the practical challenges in assessing losses at either date. In this article we consider those challenges.