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  Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the lights of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.


Issues       
# Cases
 1 Right to claim damages
Country # Cases  
Arbitral Award 5  
Date Court
26.08.1989 ICC Court of Arbitration - Paris
00.00.1992 ICC Court of Arbitration - Paris
21.03.1996 Schiedsgericht der Handelskammer - Hamburg, Germany
00.01.1997 ICC Court of Arbitration - Zurich
12.12.2007 American Arbitration Association
Argentina 1  
Australia 2  
Austria 1  
Belgium 2  
China 1  
Finland 1  
France 2  
Germany 8  
Russian Federation 3  
Spain 2  
Switzerland 1  
USA 2  
Belarus 1  
32
  1.1 Losses suffered due to breach
68
   1.1.1 Lost profits
33
   1.1.2 Devaluation of currency
7
   1.2.3 Costs for legal assistance
8
 2 Limitations
2
  2.1 Unforeseeable losses
16
  2.2 Mitigable losses
2
 3 Burden of proof
4
 4 Penalty and liquidated damages clauses
7
  4.1 Validity determined by (applicable) domestic law
4
 5 Contractual agreements to limit damages
3
  5.1 Validity determined by (applicable) domestic law
 6 Place of payment of damages
1
Total: 142


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