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Interest, Auxiliary and Alternative Remedies in International Arbitration - Dossier V

par ICC Publication

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79,13

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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. 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.