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Oxford International Arbitration Series

Interest in International Arbitration

An Economic Approach

Secomb, Matthew (White & Case LLP, White & Case LLP, Partner)

Interest in International Arbitration

Oxford International Arbitration Series

Interest in International Arbitration

An Economic Approach

Oxford International Arbitration Series: Interest in International Arbitration

 

This work is the first authoritative analysis of the treatment of interest in arbitration awards. It is a comprehensive assessment of the approaches commonly used in determining interest in international arbitration.


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Beschrijving Oxford International Arbitration Series: Interest in International Arbitration

Interest plays a vital and increasing role in international arbitration proceedings, with almost every case having an element of interest involved. However, until now, the topic has received very little attention, meaning that arbitrators have had very little concrete foundation on which to judge decisions on interest awards. This book is the first authoritative guidance to address this, providing a uniform approach to the awarding of interest in international arbitration.

Interest in International Arbitration aligns arbitrators' decisions with standard commercial practice, offering a practical and logical approach to how interest should be awarded. It sets out traditional approaches that arbitrators have followed in the past, such as using conflict of law to apply a statutory rate from a given law, or awarding instead a subjectively 'reasonable' rate, and examines how these inconsistent approaches have resulted in a variety of awards and decisions. The author uses this analysis as a basis for a uniform approach to the issue: granting compound interest at appropriate rates unless constrained by truly mandatory law. The author sets out the calculation method, explores the benefits and limitations, and presents a thorough argument for the movement toward a uniform approach to interest awards.


ISBN
9780198779513
Pagina's
320
Verschenen
Serie
Oxford International Arbitration Series
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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