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International Chamber of Commerce (ICC) - Chapter 8 - Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

Author(s): 
Francesca Mazza
Page Count: 
10 pages
Media Description: 
PDF from "ASA Special Series No. 30: Performance as a Remedy"
Published: 
May, 2011
Jurisdictions: 
International
Practice Areas: 
Arbitral Awards,
ICC
Tags: 
Non-Monetary Relief
Author Detail: 

Francesca Mazza is Counsel at the ICC International Court of Arbitration (Paris) and Secretary to the ICC Commission on Arbitration. In her function as leader of one of the case management teams of the Court she has supervised hundreds of arbitration proceedings managed by her team. She is currently actively involved in the process of the revision of the ICC Rules of Arbitration. Ms. Mazza read law in Milan (Italy) and Heidelberg (Germany) and qualified as a Rechtsanwältin in Germany. She holds a PhD from the University of Heidelberg.

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Description: 

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

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The 14 cases summarized below were selected in the course of research carried out on awards rendered under the ICC Rules of Arbitration between 2000 and 2006. The research did not cover cases which were terminated by settlement agreement and withdrawal. This report does not cover issues related to enforcement.

For each of the selected cases, this report contains a brief description of the facts underlying the dispute and indicates the applicable law, as well as the relief for performance requested and the decision of the arbitral tribunal. The cases were selected to demonstrate that, in ICC arbitration, non-monetary relief is requested and granted in a variety of situations. The criteria for selecting the cases and the paragraph numbers of the case summaries to which they apply are: