Damages & Dispute Economics

Economic quantification of loss in commercial disputes, class actions and international arbitration, to a standard that survives cross-examination.

Damages are where a dispute becomes a number, and where that number is most exposed to challenge. A credible quantum needs a counterfactual that matches the facts, a causal link from the conduct to the loss, and data and methods that hold up under cross-examination.

VA Partners quantifies loss for claimants and defendants in court proceedings, class actions and arbitrations. We estimate lost profits, overcharges and pass-through in competition cases, losses in contract and concession disputes, and price inflation in securities claims. We review the other side's expert evidence and prepare expert reports and testimony.

Early in a matter, a short quick-scan sets out the theory of loss, the data needed, an indicative range and the main risks, so counsel can decide how to proceed before the costs of a full report are incurred. Our economists and lawyers work together from the start, so the damages model and the legal theory of the case support each other.

SERVICES

Commercial Damages

Quantification of losses in commercial, financial, construction, labor, and consumer and product liability disputes.

  • Lost profits and loss of value

  • Breach of contract and concession disputes

  • Construction and delay claims

  • Financial and investment losses

  • Labor and employment losses

  • Consumer and product liability losses

Class Action Damages

Class-wide damages estimation and the economics of common harm.

  • Class-wide damages models

  • Common impact and class definition

  • Overcharge and pass-through

  • Securities and investor claims, including event studies

  • Consumer claims

  • Aggregate damages and their distribution

International Arbitration Quantum

Quantum expert reports and testimony in commercial and investment treaty arbitration.

  • Quantum in commercial arbitration

  • Quantum in investment treaty arbitration

  • Valuation of businesses and concessions in dispute

  • Expert reports and testimony

  • Review and rebuttal of opposing experts

  • Early quick-scan of the theory of loss

SELECTED MATTERS

Class action damages

  • Advised on damages valuation in one of the largest securities class actions in Thailand.

  • Analyzed aggregate damages for a proposed class action on behalf of air passengers affected by flight delays and cancellations.

FEATURED

Facing a dispute where the number decides the outcome?

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