International Arbitral Centre of the Austrian Federal Economic Chamber (Vienna International Arbitral Centre) - Chapter 7 - Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30
PDF from "ASA Special Series No. 30: Performance as a Remedy"
Manfred Heider is the Secretary General of the International Arbitral Centre of the Austrian Federal Economic Chamber. He is a graduate of the University of Vienna Law Faculty and the University of Economics of Vienna and is admitted to the Vienna Bar. Dr. Heider started his legal career as a clerk at the Vienna Court of Appeals and as an associate in a Vienna law firm, before spending close to twenty years working for the Vienna Stock Exchange, first as Secretary to its Council, then as its Deputy Secretary General, and later as its Secretary General and Member of the Board. At the same time, he served as Secretary to the Arbitration Committees of the Stock and Commodity Exchange. Before joining the International Arbitral Centre, Dr. Heider returned to private practice, as a partner of the law firm of Weber Heider. He is a member of the Austrian Arbitration Association, the Vienna Juridical Society, and the Austrian Association for Financial Analysis and Investment Counsel. He is also Lecturer on Law at the University of Vienna Law Faculty.
In the period between 1 January 2001 and 31 December 2006, 329 arbitral proceedings under the auspices of the Vienna Rules were terminated by arbitral tribunals. All arbitral awards were examined and it turned out that in only about 40 cases, a relief other than payment of money was sought. However, for the purpose of this inquiry, we considered relief sought by declaring the respondent’s liability for future damages as monetary relief. Brief summaries of the cases concerning performance as a remedy are listed below.