Interests, Auxiliary and Alternative Remedies in International Arbitration
ICC Dossiers Volume 5
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. In order 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”).
The Dossier V, Interest, Auxiliary and Alternative Remedies in International Arbitration, a compilation of the proceedings of the 2007 Annual Meeting of the ICC Institute of World Business Law, addresses a wide range of topics on remedies and interest including contractual remedies, judicial penalties, specific performance, issues of applicable law, comparative approaches, and interest in arbitration practice. It is designed to offer solutions on how to control the impact of time between the occurrence of the damage and its full compensations.
The contributors to this Dossier include:
- Antonias Dimolitsa
- Alexis Mourre
- V.V. Veeder
- Andrea Giardina
- John Beechey
- Filip De Ly
- Gareth Kenny
- John Yukio Gotanda
- Tarek Fouad A. Riad
- Homayoon Arfazadeh
- Thierry Sénéchal
- Laurent Lévy
The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.
An ICC Services publication, distributed by Kluwer Law International.
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Foreword by Serge Lazareff
Introduction by Laurent Lévy
Chapter 1. Contractual Remedies: Clauses Pénales and Liquidated Damages Clauses by Antonias Dimolitsa
Chapter 2. Judicial Penalties and Specific Performance in International Arbitration by Alexis Mourre
Chapter 3. Compound Interest and Specific Performance: “Arbitral Imperium” and Sections 49 and 48 of the English Arbitration Act 1996 by V.V. Veeder
Chapter 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 by John Beechey and Gareth Kenny
Chapter 5. Issues of Applicable Law and Uniform Law on Interest: Basic Distinctions in National and International Practice by Andrea Giardina
Chapter 6. A Study of Interest by John Y. Gotanda
Chapter 7. The Issue of Interest in Middle East Laws and Islamic Law by Tarek Fouad A. Riad
Chapter 8. A Practitioner’s Approach to Interest Claims under Sharia Law in International Arbitration by Homayoon Arfazadeh
Chapter 9. Present-Day Valuation in International Arbitration: A Conceptual Framework for Awarding Interest by Thierry Sénéchal
Concluding Remarks by Filip De Ly