I agree likely quantum of damages is troublesome to advance. While not altogether speculative (for purely speculative damages would not be countenanced) most of the damages in this case cannot be directly calculated and must therefore rest on reasonable assumptions and extrapolations. But, one man's 'reasonable' is another man's 'outrageous'. Arbitrators fancy themselves fair and reasonable, but often tend to want to try to split the difference between reasonable and outrageous. It's a balancing act for them. But just because damages may be difficult to calculate does not make them any less real.
I remain curious what kind of content could be included in an arbitral update other than progress toward an award.
One thing that neither the arbitrator nor the tribunal will ever consider is what the parties may be doing about settling their differences by negotiation while awaiting the arbitral decision. That kind of concern is irrelevant to their work.
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