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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

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

Name: Damages for Breach of the Obligation to Arbitrate: A Comparative Analysis of German, Swiss and English Law with References to European Union Law
Brand: Eleven International Publishing
SKU: 9789462367913
Price: 551.95 HKD
Availability: InStock
Author: Lina Thieme
ISBN: 9789462367913

By Lina Thieme

Eleven International Publishing December 2017

Specifications

ISBN-13: 9789462367913
Publisher: Eleven International Publishing
Publication: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

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.

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

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