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Damages for Breach of the Obligation to Arbitrate: A Comparative Analysis of German, Swiss and English Law with References to European Union Law


ISBN13: 9789462367913
Published: December 2017
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Hardback
Price: £41.50



Despatched in 5 to 7 days.

Damages for Breach of the Obligation to Arbitrate sheds light on the question whether, and under what conditions, a party filing a claim before a state court instead of submitting the dispute to arbitration as agreed upon before in the arbitration agreement would render themselves liable in damages and to what extent. This present study, concerning an increasingly prominent topic in arbitral practice, analyses the legal bases to the availability of damages for breach of the arbitration agreement in Germany, Switzerland and England, giving due regard to the approaches followed by scholars and practitioners as well as in arbitral practice.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Introduction
Chapter 1: Contractual Liability
Chapter 2: Tortious Liability
Chapter 3: Unjust Enrichment
Chapter 4: Reimbursement via Cost Decision
Chapter 5: Damages for Breach of the Obligation to Arbitrate under the Brussels/Lugano Regime
Conclusion