Specific Performance as a Remedy in Construction and Manufacturing - Chapter 16 - Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

Roland Hürlimann is a Senior Partner of Baur Hürlimann, a law firm based in Zurich (www.bhlaw.ch). He is heading the Litigation and Arbitration Department. He is a graduate of Fribourg Law School and then served as law clerk to the Supreme Court of the Canton of Aargau. He wrote a doctoral thesis on Contract Law and was a teaching assistant of Professor Dr. Peter Gauch (University of Fribourg). Mr. Hürlimann received a Masters Degree LL.M. from UC Berkeley Law School and then worked as an associate with San Francisco based law firm Lempres & Wolfsberg. He acted in more than 70 arbitrations as counsel, as party appointed arbitrator or as chairman in commercial matters, in disputes involving the supply of industrial plants, construction, infrastructure projects and international sale of goods. He is author of numerous publications.

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Originally from Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

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Construction and manufacturing concern services and the transfer of goods. Therefore, it would be natural to expect specific performance to be the day-to-day business of an advocate working in this field of practice. However, in practice, this is not the case; neither in state courts nor in domestic or international arbitration. In this chapter an outline will be given of the various issues that could potentially be the subject matter of a request for specific performance. The main emphasis is on circumstances in which the order of specific performance (as an interim measure or as an award on the merits) is more appropriate and adequate than money damages. I will endeavor to assess why these situations are hardly ever the subject matter of a request for specific performance. Finally, I will refer to the “almost specific” performance which has been developed by the Swiss state courts with regard to execution by substitution.