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Interests, Auxiliary and Alternative Remedies in International Arbitration

Edited by Laurent Levy, Filip De Ly


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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.

Last Updated 04/01/2008
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041131829
SKU 10059005-0001
Table of Contents

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