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Evaluation of Damages in International Arbitration

Edited by: Yves Derains, Richard H. Kreindler

ISBN13: 9789041160942
ISBN: 9041160949
Published: June 2006
Publisher: Kluwer Law International
Country of Publication: UK
Format: Hardback
Price: £95.00



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It is often said that an arbitral award is worth only as much as the ability to secure its enforceability. To the extent the vast majority of prayers for relief in arbitration are for money damages, an arbitral award granting damages is worth only as much as the ability to obtain payment, voluntary or compulsory, of such damages.

The aim of the new publication, Evaluation of Damages in International Arbitration, prepared by the ICC Institute of World Business Law, is to give the reader a comprehensive overview of the difficulties encountered by arbitrators, governments and international organizations in calculating the amounts of recoverable damages in cases of international arbitration.

When determining recoverable damages, a number of sensitive questions are raised, among them:-

  • Is there a need for the adoption of a material rule that gives the arbitrator freedom to decide integral compensation of the damage, based on a caseby- case ruling in the matter of how much interest is to be charged?
  • When one of the parties is a sovereign state, how can international tribunals provide certainty and ensure transparency in the quantification of damages?
  • What are the factors arbitrators and courts in different regions consider in determining how damages should be mitigated?
  • In delay and disruption claims, how does one overcome the uncertainty for contractors in formulating their claims, for employers in defending them and for arbitrators and other tribunals in deciding them?
There is a need for both arbitrators and practitioners to understand these issues and to formulate answers to the questions raised. The present volume, written by expert arbitrators and practitioners, many of whom are affiliated with ICC’s renown Court of Arbitration, covers these and other vital issues and proposes practical solutions for resolving them.

Series: ICC Institute Dossiers

Explaining Why You Lost: Reasoning in Arbitration (eBook) ISBN 9789403529042
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Kluwer Law International
£66.00
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Explaining Why You Lost: Reasoning in Arbitration ISBN 9789403529035
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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
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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
Interests, Auxiliary and Alternative Remedies in International Arbitration ISBN 9789041131829
Published July 2008
ICC (Kluwer)
£95.00
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