Loss
of chance almost always, in the context of arbitration, refers to the loss of
the expectation of a profit. It therefore represents an asset loss, which can
form part of the well known category of lost profit. A question nevertheless
arises to determine what distinguishes a lost chance from “ordinary” lost
profits, bearing in mind that any loss of future profits is necessarily subject
to some uncertainty. The answer appears to be that the loss of chance is doubly
uncertain. In the event of loss of chance, the uncertainty thus concerns not
only the amount of the profits which could have been achieved, but also the
very principle of these arising. This double uncertainty obviously makes it
particularly delicate to measure with precision the loss of chance; this also
explains that certain legal systems refuse as a matter of principle to
indemnify these.