PUNITIVE DAMAGES – A RISING STAR IN INTERNATIONAL COMMERCIAL ARBITRATION?

This article is written to evaluate the practical significance of punitive damages in the field of arbitration concerning international commercial disputes and franchise disputes. It finds that punitive damages awards are frequent in domestic arbitrations in the United States but not internationally common. This article discusses the severity of the punitive damages awards to explain why such decisions are not frequent in international trade disputes; it still has a significant influence that concerns the contracting parties, making them exclude punitive damages in their agreements. This article also explains the reasons for limiting the use of these punitive damages. The first one is the limitation of punitive damages applied to arbitration. Indeed, punitive damages are only recognised under a handful of domestic arbitration laws in a number of countries, especially the ones associated with contract claims. Secondly, the enforceability of such awards is internationally limited due to public policy. Therefore, this difficulty caused the arbitral tribunal to refuse to award such damages. Finally, the statistics on punitive damages award in international commercial arbitration are scarce, so the article refers to provide and analyse the cases that are not international-thereby discussing and evaluating the suitability of punitive damages in the context of international commercial arbitration

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International Commercial Arbitration

10.1017/cbo9780511997365 ◽

2009 ◽

Cited By ~ 1

Author(s):

Simon Greenberg ◽

Christopher Kee ◽

J. Romesh Weeramantry

Keyword(s):

Commercial Arbitration ◽

International Commercial Arbitration

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Violation of Public Policy as a Ground for Refusal in Recognition and Enforcement of International Commercial Arbitration Awards

Herald of Civil Procedure ◽

10.24031/2226-0781-2017-7-5-45-68 ◽

2017 ◽

Vol 7 (5) ◽

pp. 45-68

Author(s):

A.V. Gabov ◽

◽

N.I. Gaidaenko Sher ◽

E.S. Ganicheva ◽

V.M. Zhuikov ◽

...

Keyword(s):

Public Policy ◽

Commercial Arbitration ◽

International Commercial Arbitration ◽

Recognition And Enforcement

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Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

International and Comparative Law Review ◽

10.2478/iclr-2018-0038 ◽

2018 ◽

Vol 18 (2) ◽

pp. 59-84

Author(s):

Slavomír Halla

Keyword(s):

Case Law ◽

Good Faith ◽

Mutual Understanding ◽

Commercial Arbitration ◽

International Commercial Arbitration ◽

Starting Point ◽

Professional Audience

Abstract Consent, the final frontier. International commercial arbitration is a dispute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is definitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

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