This Dossier V – Interest, Auxiliary and Alternative Remedies in International Arbitration is for arbitrators who frequently face petitions wrongly considered as being of an incidental nature. Some interest claims raise delicate legal issues that involve considerable amounts, sometimes even exceeding the main claim.
Thus, in order to guarantee a quick and effective enforcement of awards, the arbitral practice has looked into new approaches, such as lump assessment , “clauses pénales“ and judicial penalties (“astreintes”) in order to facilitate this process.
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 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.
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| Code ISBN : | 978-92-842-0033-7 |
| Number of pages : | 256 |
| Publishing date : | 2008 |
| Language : | English |
| Format in cm : | 16*23.9 |
• Foreword
• FOREWORD By Serge Lazareff
• INTRODUCTION By Laurent Lévy, Co-Editor
1. Contractual remedies: clauses pénales and liquidated damages Clauses / Antonias Dimolitsa
2. Judicial penalties and specific performance in international Arbitration / Alexis Mourre
3. Compound interest and specific performance: “arbitral imperium” and sections 49 and 48 of the English Arbitration Act 1996 / V.V. Veeder
4. How to control the impact of time running between the occurrence of the damage and its full compensation: complementary and alternative remedies in interim relief proceedings / John Beechey and Gareth Kenny
5. Issues of applicable law and uniform law on interest: basic distinctions in national and international practice / Andrea Giardina
6. A study of interest / John Y. Gotanda
7. The issue of interest in Middle East laws and Islamic law / Tarek Fouad A. Riad
8. A practitioner’s approach to interest claims under Sharia law in international arbitration / Homayoon Arfazadeh
9. Present-day valuation in international arbitration: a conceptual framework for awarding interest / Thierry Sénéchal
• CONCLUDING REMARKS By Filip De Ly, Co-Editor
• KEY-WORDS INDEX
Antonias Dimolitsa,
John Beechey,
Andrea Giardina,
John Yukio Gotanda,
Gabrielle Kaufmann-Kohler,
Alexis Mourre and V.V. Veeder.