Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8bljj Total loading time: 0 Render date: 2024-06-23T23:15:56.224Z Has data issue: false hasContentIssue false

9 - Calculating Damages in Shareholders’ Claims for Reflective Loss

Published online by Cambridge University Press:  13 July 2020

Lukas Vanhonnaeker
Affiliation:
McGill University, Montréal
Get access

Summary

This chapter addresses the issue of the calculation of damages in shareholders’ claims for reflective loss. The particularities of such claims and of the nature of the investment (i.e., shares) raise intricate questions that must often be dealt with by investment tribunals. In this regard, this chapter first addresses the specificities associated with the calculation of damages in multiparty proceedings, such as in mass claims and consolidated proceedings. It also explains the methods that have been used by investment tribunals to assess the damages suffered by shareholders in investment arbitration and proposes more cooperation among courts and tribunals at the damage phase in order to reduce the risks of double recovery. This chapter also analyses an innovative means of answering risks of double recovery: the share purchase option.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×