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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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ASA No 30: Performance as a Remedy: Non-Monetary Relief in International Arbitration

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Edited by: Michael E. Schneider, Joachim Knoll

ISBN13: 9781933833361
Published: June 2011
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardcover
Price: £130.00

In stock.

This publication contains the results of a research project carried out by the Swiss Arbitration Association (ASA) on a question that has received relatively little attention in legal commentary so far: performance as a remedy in international arbitration.

Twelve contributions address, by reference to legal theory and to arbitration practice, the question of whether arbitrators can order a party to perform or abstain from performing certain acts (be it in the form of an interim order or in an award on the merits), in what circumstances, and how such orders are made and the issues of procedure and enforcement that they raise.

The particular value of the present compilation lies in the diversity of perspectives it presents. A thorough academic introduction of the subject is followed by reports from nine major international arbitral institutions, including the ICC, LCIA, ICDR/AAA as well as WIPO, Swiss, DIS, Vienna and KLRCA that provide a unique insight into their practical experience with performance as a remedy in arbitrations carried out under their auspices.

Further, experts in the fields of corporate law, competition law, construction law, sports law, and international trade provide their perspective of performance as a remedy in their respective fields. Performance orders as interim measures are dealt with in a separate chapter. Particular attention is given to some of the difficult questions that arise when awards for non-monetary relief must be enforced.

Performance as a Remedy is indispensible in that it provides both analysis and practical guidance on the subject and is a major contribution to the field in this to further particularly challenging area of arbitration law.

Series: ASA Special Series

ASA No 36: Advocacy in International Commercial Arbitration ISBN 9781933833910
Published September 2013
Juris Publishing
ASA No 38: Post Award Issues ISBN 9781933833903
Published December 2011
Juris Publishing