Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Non-Pecuniary Remedies: The Practice Of Declaratory Relief And Specific Performance In International Commercial Arbitration

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Under most developed national arbitration regimes, arbitrators have broad discretion in fashioning relief. The main issue arising in respect of non-monetary remedies such as declaratory relief and specific performance is that of appropriateness. This issue involves examination of factual elements but also legal factors that include the question of recognition and enforcement. Declaratory relief often aims at asserting the validity or invalidity of a contract, but it may also relate to the termination of a contract, of letters of credit, or of the arbitration clause. There are numerous examples of cases where the Iran-United States Claims Tribunal had to examine requests for specific performance or declaratory relief. International Centre for the Settlement of Investment Disputes (ICSID) tribunals most often grant relief in the form of pecuniary damages and not specific performance, as investors almost always seem to frame their claims in terms of monetary damages.

Keywords:arbitration clause; declaratory relief; ICSID; Iran-United States Claims Tribunal; monetary damages; national arbitration; non-monetary remedies; specific performance

10.1163/ej.9789004167384.i-336.83
/content/books/10.1163/ej.9789004167384.i-336.83
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2007) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation