Damages for Breach of the Obligation to Arbitrate
eBook - PDF

Damages for Breach of the Obligation to Arbitrate

A Comparative Analysis of German, Swiss and English Law with References to European Union Law

  1. 248 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Damages for Breach of the Obligation to Arbitrate

A Comparative Analysis of German, Swiss and English Law with References to European Union Law

About this book

This work sheds light on the question of whether, and under what conditions, a party who files a claim before a state court instead of submitting the dispute to arbitration as agreed upon before in the arbitration agreement renders themselves liable in damages. This topic has become increasingly important in arbitral practice in the past decades, not only due to the remarkable decisions of the European Court of Justice in West Tankers and Gazprom. The author analyzes the legal bases to the availability of damages in this specific case in Germany, Switzerland, and England, giving due regard to the approaches followed by German, Swiss, and English scholars, as well as practitioners in arbitral practice. (Series: International Commerce and Arbitration, Vol. 25) [Subject: Comparative Law, Commercial Law, International Law, Arbitration Law]

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Yes, you can access Damages for Breach of the Obligation to Arbitrate by Lina Thieme in PDF and/or ePUB format, as well as other popular books in Law & Arbitration, Negotiation & Mediation in Law. We have over one million books available in our catalogue for you to explore.

Table of contents

  1. Introduction
  2. Chapter 1: Contractual Liability
  3. Chapter 2: Tortious Liability
  4. Chapter 3: Unjust Enrichment
  5. Chapter 4: Reimbursement via Cost Decision
  6. Chapter 5: Damages for Breach of the Obligation to Arbitrate under the Brussels/Lugano Regime
  7. Conclusion
  8. Abbreviations
  9. Bibliography