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Interests, Auxiliary and Alternative Remedies in International Arbitration

Edited by: Filip de Ly, Laurent Levy

ISBN13: 9789041131829
Previous Edition ISBN: 9789284200337
Published: July 2008
Publisher: ICC (Kluwer)
Country of Publication: UK
Format: Paperback
Price: £95.00



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Originally published by the ICC in 2008 with isbn 9789284200337

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 and to be published mid-2008, 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.

Subjects:
Arbitration and Alternative Dispute Resolution
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
Bibliography
Indexes

Series: ICC Institute Dossiers

Explaining Why You Lost: Reasoning in Arbitration (eBook) ISBN 9789403529042
Published November 2020
Kluwer Law International
£66.00
(ePub)
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Explaining Why You Lost: Reasoning in Arbitration ISBN 9789403529035
Published November 2020
Kluwer Law International
£66.00
Expedited Procedures in International Arbitration ISBN 9789284204403
Published December 2017
International Chamber of Commerce
£66.29
£95.00
Dossier XI: The Application of Substantive Law by International Arbitrators ISBN 9789041161017
Published October 2014
Kluwer Law International
£83.00
Third Party Funding in International Arbitration ISBN 9789284202027
Published November 2013
International Chamber of Commerce
£75.00
Third Party Funding in International Arbitration ISBN 9789041161000
Published November 2013
Kluwer Law International
Out of print
Players’ Interaction in International Arbitration ISBN 9789041160997
Published September 2012
Kluwer Law International
£95.00
Players’ Interaction in International Arbitration ISBN 9789284201679
Published September 2012
International Chamber of Commerce
£65.00
Is Arbitration Only As Good as the Arbitrator? Status, Powers and Role of the Arbitrator ISBN 9789284201099
Published March 2012
International Chamber of Commerce
£60.00
Is Arbitration Only As Good as the Arbitrator? Status, Powers and Role of the Arbitrator ISBN 9789041160980
Published March 2012
Kluwer Law International
£95.00
Multiparty Arbitration ISBN 9789041160973
Published January 2010
Kluwer Law International
£95.00
Written Evidence and Discovery in International Arbitration: New Issues and Tendencies ISBN 9789284200627
Published September 2009
International Chamber of Commerce
Out of print
Arbitration and Oral Evidence ISBN 9789041125828
Published July 2006
Kluwer Law International
£95.00
Parallel State and Arbitral Procedures in International Arbitration ISBN 9789041125811
Published July 2006
Kluwer Law International
£95.00
Evaluation of Damages in International Arbitration ISBN 9789041160942
Published June 2006
Kluwer Law International
£95.00