Claims and damages advisory
A quantified, documented position on what was lost, or on whether the other side's figures hold, that counsel and the tribunal can test.
Quantification and rebuttal of commercial claims, from loss of profit and wasted cost to business interruption, with expert witness support.
Most commercial disputes end in a number. Whether you claim or defend, the strength of your position depends on how that number is built: what the loss is, what caused it, what would have happened otherwise and which costs are recoverable.
We assess the claim early from a financial standpoint, so strategy rests on a realistic view of quantum. We then quantify loss of profit, wasted and consequential cost, cost overruns or business interruption, and model the outcome under different scenarios. When the other side has quantified its claim, we test its data, assumptions and method, and set out where it falls short.
Our work is prepared for scrutiny. Assumptions are stated, sources are cited and calculations can be followed. Where an expert is needed, BDI professionals can prepare reports and support counsel through deposition and cross-examination, in Indian and international arbitration.
A commercial dispute, contract termination or arbitration turns on how much was lost, or on whether the other side's figures hold.
Signs we see most often
- 01A contract has been terminated and each side says the other caused the loss.
- 02You need to know whether a claim is worth pursuing before committing to arbitration.
- 03The other side has served a claim built on a financial model you do not accept.
- 04A project has overrun and the cost escalation is disputed.
- 05A business interruption or insurance claim needs independent quantification.
- 06Counsel need an expert report and support for cross-examination.
Scoped in writing, run by one accountable team.
Every engagement starts with agreed questions, a reporting line and a confidentiality protocol. The steps below are how this service usually runs; we adapt them to your matter.
- 01AssessReview the dispute from a financial standpoint and identify the issues quantum turns on.
- 02GatherIdentify and collect the documents and data the quantification needs.
- 03QuantifyBuild the loss model, from loss of profit to wasted and consequential cost, with scenarios.
- 04TestReview the counterparty's claim, data and assumptions, and benchmark where useful.
- 05ReportPrepare advisory or expert reports that state their assumptions and sources.
- 06SupportAssist counsel with cross-examination, deposition and the hearing.
A quantified, documented position on the claim that counsel and the tribunal can test.
- An early assessment of quantum and the issues it turns on
- A loss model with documented assumptions and scenarios
- A point-by-point rebuttal of the counterparty's claim
- Expert reports for the court or tribunal
- Support for cross-examination and hearings
The law and frameworks this work is aligned to
- Indian Contract Act, 1872 s.73 on compensation for loss caused by breach
- Arbitration and Conciliation Act, 1996 s.26 on tribunal-appointed experts and s.27 on court assistance in taking evidence
- Code of Civil Procedure, 1908 as applied to commercial disputes by the Commercial Courts Act, 2015
- IBA Rules on the Taking of Evidence in International Arbitration (2020)
- Bharatiya Sakshya Adhiniyam, 2023 on expert opinion
References show the standard the work is built to. They do not imply accreditation or endorsement by the bodies that publish them.
This is a summary of the service. For a deeper understanding of how it would work for your organisation, please reach out to us.
Talk to a BDI partnerQuestions clients ask before we start.
Do you act for claimants or respondents?
Both. For claimants we build and support the claim. For respondents we test it and quantify what, if anything, is properly due.
Is your expert independent?
Yes. An expert's duty is to the court or tribunal, and independence is agreed at the start. Advisory work for counsel and expert evidence can be kept separate where the forum requires it.
Which forums do you support?
Courts, including commercial courts in India, and both ad hoc and institutional arbitration, in India and under international rules.