Damages for breach of an arbitration agreement

Abstract

For a party to an arbitration agreement to bring an action other than in the agreed forum is a breach of an arbitration agreement. Damages are not usually an appropriate remedy, but recent years have seen the courts awarding substantial damages for breach of arbitration and similar agreements. This article considers the basis, upon which damages should properly be awarded, on the assumption that normal contractual rules should apply. Both common law and equitable damages have been awarded, and the article considers the proper role for both. It suggests that the courts do not always pay proper regard to principle, the reasoning in the cases too often being clouded by other considerations

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