Interest, Auxiliary and Alternative Remedies in International Arbitration
Arbitrators frequently face requests wrongly considered as being of incidental nature. Interest claims in particular raise delicate legal issues and may involve considerable amounts, sometimes exceeding the main claim. So as to guarantee the quick and effective enforcement of awards, the arbitral practice is looking for new approaches, such as lump assessment, “clauses pénales” or judicial penalties (“astreintes”).
Antonias Dimolitsa, John Beechey, Andrea Giardina, John Yukio Gotanda, Gabrielle Kaufmann-Kohler, Alexis Mourre and V.V. Veeder are amongst the renowned arbitration professionals who contributed to Interest, Auxiliary and Alternative Remedies in International Arbitration, Dossier V of the Institute of World Business Law. The authors’ perspectives cover a wide range of topics on remedies (contractual remedies, judicial penalties, specific performance…) and interest (issue of applicable law, comparative approaches, interest in arbitration practice…).
The aim of this publication, compiling the proceedings of the ICC Institute of World Business Law's 2007 Annual Meeting chaired by Serge Lazareff is to provide the reader with solutions on how to control the impact of time between the occurrence of the damage and its full compensation.
Table of Contents
- Foreword, Introduction
- Contractual Remedies: clauses pénales and liquidated damages
- Judicial Penalties and Specific Performance in International Arbitration
- Specific Performance: the "Arbitral Imperium" and the "Land Exception" of the English
- Arbitration Act 1996
- How to control the Impact of Time running between the Occurrence of the Damage and its full Compensation
- Interest: Issues of Applicable Law and Uniform Law
- A Study of Interest
- Interest - Four selected Comments and Questions
- The Issue of Interest in the Middle East and Islamic Law
- Concluding Remarks