Questions & Answers · international-arbitration

If a contract has a consequential-damages waiver, can the other side still recover lost profits by counterclaiming in arbitration?

Type
Questions & Answers
Jurisdiction
United States
Date
2026-02-01
Topic
international-arbitration

If a contract has a consequential-damages waiver, can the other side still recover lost profits by counterclaiming in arbitration?

Question

If a contract has a consequential-damages waiver, can the other side still recover lost profits by counterclaiming in arbitration?

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