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Damages for breach of an arbitration agreement

Damages for breach of an arbitration agreement
Damages for breach of an arbitration agreement
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
Arbitration; Contracts; Damages; Equitable remedies; Privity of contract
0021-9460
404-424
Todd, Paul
ccd4b3f3-16ae-474f-90ac-bba7d8bba9fc
Todd, Paul
ccd4b3f3-16ae-474f-90ac-bba7d8bba9fc

Todd, Paul (2018) Damages for breach of an arbitration agreement. Journal of Business Law, 5, 404-424.

Record type: Article

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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Accepted/In Press date: 8 August 2017
Published date: 1 July 2018
Keywords: Arbitration; Contracts; Damages; Equitable remedies; Privity of contract

Identifiers

Local EPrints ID: 422426
URI: http://eprints.soton.ac.uk/id/eprint/422426
ISSN: 0021-9460
PURE UUID: c128e0eb-5232-4ca3-88b7-32be83ef9564

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Date deposited: 23 Jul 2018 16:31
Last modified: 14 Nov 2020 05:01

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