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Damages, expert evidence and valuation in commercial disputes in India / Edited by Gaurav Pachnanda and Kartikey Mahajan - Bangalore Thomson Reuters South Asia Private Limited 2023 - lxix, 566 pages 25 cm.

Part A. Damages - Principles;
1. General Principles of Compensatory Damages;
2. Types of Damages Under Indian Law;
3. Causation : Establishing Loss and Limiting Damages in Commercial Contracts;
4. Remoteness and Foreseeability of Damages Under Indian Law;
5. Principles of Reducing Damages;
6. Non - Compensatory Damages in india;
7. Restitutonary Damages in India;
8. Liquidated damages;
9. Issue relating Burden of proof of Liquidated Damages under Indian Law;
10. Damages and Indemnity;
11. Damages for Misrepresenation;
12. Damages for Related Issue in Put and call option Disputes;
13. Limitation of Liability Clause;
14. Compensation and Damages in Investment Treaty Arbitrations;
15. Damages in Intellectual Property Cases in India;
16. Reflective Loss Claims;
17. Evolving Statutory Development and Jurisprudence under Indian Law Regarding Specific Performance as a Relief for Breach of Contract vis-a-vis Damages;
Part B. Expert Evidence;
18. Issue Involving Expert Evidence in Arbitration and Indian Civil Procedure;
19. General Principles on Expert Evidence under Indian Law;
20. Principles of Expert Evidence Under Indian Law;
21. Privilege Issues Relating to Expert Evidence in Arbitration and Court Litigation;
22. Cross Examination of Expert Witness;
Part C. Valuation of Damages;
23. Valuation Methodologies in International Arbitration;
24. Income Based Approaches to Valuation of Damages;
25. Cost/ Asset - Based Approach in Valuing Damages;
26. Market Based Valuation Method;
27. Role of Experts in Construction Arbitrations;
28. Valuation Techniques for Shareholder Rights in Investment Agreements;
29. Taxation and Currency Issues in Awarding Damages in International Arbitration;
30. Award of Interest in Court Litigation : A Comparative Perspective;
31. Award of Interest in International Arbitration;
32. Costs in Arbitration;
Subject Index.

Jurisprudence surrounding the law of damages and valuation has remained constantly in flux. However, despite being at the forefront of commercial litigation and arbitration landscape, there is a lack of dedicated and reliable authorities devoted to the study of this area of law in India. The central objective of Damages, Expert Evidence and Valuation in Commercial Disputes in India is to bridge that gap. With contributions authored by practitioners across several common law jurisdictions in addition to India, there is a conscious attempt to produce a body of work that, though Indian law–facing, is well contextualized within the developments in common law jurisdictions and provides a comparative analysis wherever appropriate

ISBN: 9789395696739 (Hardback)

Dewey Class. No.: 346.5407