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 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.