WASHINGTON, D.C. — International arbitrator Mark Kantor announced today his new book, “Valuation for Arbitration” (ISBN: 9789041127358) available from Kluwer Law International. “Valuation for Arbitration” provides a clear understanding of the nuts and bolts of valuation approaches for litigation about business investments, including market, income and asset-based methods.
Litigators, valuation experts, judges and arbitrators alike will benefit from learning these tools. Valuation issues are at the forefront a wide variety of complex investment disputes, including ICSID, NAFTA and bilateral investment treaty (BIT) arbitrations, joint venture breakups, shareholder buyouts and other commercial disputes.
To order “Valuation for Arbitration” simply head to Kluwer Law International’s website at www.kluwerlaw.com and click on “Commercial Arbitration and Litigation,” or visit Mark Kantor’s website at www.mark-kantor.com.
“Valuation for Arbitration” will help counsel and arbitrators answer central questions in damages litigation.
* Is the objective of the damages award to put the injured business back into the same position as if the investment had never been made or back into the position as if the investment had been made but the unlawful conduct had never occurred?
* Do “bright line” rules of law exist?
* Who bears the consequences of the inherently uncertain nature of estimating lost future earnings?
The book’s many practical recommendations explore three central aspects of the arbitrator’s role:
* Advance planning to enhance understanding of expert valuation evidence;
* Identification of “apples-to-oranges” miscomparisons;
* Recognition of the true comparability between the business at issue and other examples offered in the expert evidence.
“Valuation for Arbitration” (ISBN 9041127356, ISBN 13: 9789041127358) considers common valuation methods like discounted cash flows, adjusted present values, capitalized cash flows, adjusted book values and comparable sales and transactions. Additionally, it addresses means for arbitrators to assess expert valuation evidence in complex business investment disputes.
About the Author
Mark Kantor is an independent arbitrator. He teaches both international arbitration and international business transactions as an adjunct professor at Georgetown University Law Center and is a Fellow at the Columbia Program on International Investment (a joint undertaking of Columbia Law School and the Earth Institute at Columbia University). Until his retirement, he was a partner in the Corporate and Project Finance Groups at the international law firm of Milbank, Tweed, Hadley & McCloy LLP.
