ABSTRACT
People often treat awards as the focal point of international commercial arbitration. But awards are not the focal point; remedies are. Yet remedies remain an undertheorized topic in international commercial arbitration. The whole topic of remedies is neglected in the sense that there is almost no quantitative data on the remedies requested or awarded in international commercial arbitration. Likewise, almost no standard works devote significant qualitative analysis to remedies.
Remedies are also perplexing because opinions on the sources and limits of a tribunal’s remedial powers are literally scattered to the four cardinal directions, with observers approaching remedial powers from the perspectives of substantive norms, procedural norms, party autonomy, and potential barriers to enforcement. Likewise, remedies are unpredictable because observers emphasize that tribunals enjoy wide discretion in selecting remedies, but rarely discuss the factors that should channel the exercise of discretion …
Brower, Charles, Neglected, Perplexing, Unpredictable: Remedies in International Commercial Arbitration (March 1, 2024).
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