Damages for Breach of the Obligation to Arbitrate

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

By Lina Thieme

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]

Not Yet Published
Format: Cloth
ISBN: 9789462367913