Arbitration · Contracts
Early termination: ¢92M awarded for loss of profit
A unilateral early termination left the counterparty without its projected income. The case was won by proving the expected margin with documentation predating the dispute, not with projections built for the hearing.
The dispute
The counterparty terminated before the agreed term and denied any compensable damage, arguing that loss of profit was an expectation rather than certain damage.
What was at stake
¢92M of projected income and the substantive question: when loss of profit stops being speculation and becomes evidence.
The strategy
Audited financial statements, end-client contracts and cost records predating the termination were used. The projection was built on the historical margin, not on a fresh estimate.
The outcome
The arbitral tribunal awarded ¢92M for loss of profit.
Loss of profit is proven with the accounts that existed before the dispute; what is assembled afterwards reads as interest, not damage.