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Damages for Breach of the Obligation to Arbitrate

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

Damages for Breach of the Obligation to Arbitrate
  • Year of publication 2017
  • 248 pages
Author:Lina Thieme
Series:International Commerce and Arbitration (volume 25)
Category: Law Business and Commercial Law
Icon_printbook 978‐94‐6236‐791‐3 | hardcover | 1st edition | € 45,00 / $ 60,75 / £ 47,70

Damages for Breach of the Obligation to Arbitrate sheds light on the question whether, and under what conditions, a party filing a claim before a state court instead of submitting the dispute to arbitration as agreed upon before in the arbitration agreement would render themselves liable in damages and to what extent. This present study, concerning an increasingly prominent topic in arbitral practice, analyses the legal bases to the availability of damages for breach of the arbitration agreement in Germany, Switzerland and England, giving due regard to the approaches followed by scholars and practitioners as well as in arbitral practice.

Author's information

Dr. Lina Thieme has studied law in Freiburg, Germany, and Guildford, England, and holds a law degree from the Albert-Ludwigs-Universität Freiburg, Germany, as well as a PhD in law from the University of Basel, Switzerland. She has researched extensively in the field of international commercial arbitration and was formerly a research and teaching assistant at the chair of Prof. Dr. Ingeborg Schwenzer, LL.M. at the University of Basel, Switzerland. While working on her research for this book, the author was also part of a dispute resolution team in a major law firm in Berlin, Germany.