Henry Peter is Professor and head of the commercial law department of the Law School of the University of Geneva where he obtained his PhD grade in 1988, after having been visiting scholar at the University of Berkeley. He is head of the Master in Business Law program of the universities of Geneva and Lausanne. Besides his teaching and research activities, Mr. Peter is Senior Partner of Peterlegal, a law firm based in Lugano. He is member of the Swiss Takeover Board and of the Sanction Commission of the SIX Swiss Exchange. He was chairman of the Geneva Business Law Association between 2003 and 2006, is member of the editing board of the Swiss Review of Business and Financial Market Law and member of the board of the Center of Banking and Financial Law of the Geneva University; vice-Chairman of the disciplinary chamber of the Swiss Olympic Association in charge of doping cases; has been member, between 2003 and 2008, of the experts group on company reorganisation appointed by the Swiss Federal Office of Justice; member of the Swiss Arbitration Association and chairman of its Swiss Italian section. He is author or editor of several books and of numerous papers. He frequently acts as chairman, sole arbitrator or member of arbitral tribunals in commercial or sport matters. He was a member of the 31st America’s Cup Arbitration Panel and of the 32nd America’s Cup Jury.
Sometimes parties -- or dispute resolution bodies -- are faced with cases in which the traditional legal remedies do not provide an appropriate solution. This is the case where, as a result of a breach of its obligations by one party, another party finds itself in a situation which can be properly remedied neither by specific performance nor by the award of damages. Is this a fatal “impasse”?
The answer is no. As arbitration in yacht racing shows, an alternative relief exists and has indeed become a generally accepted solution in that environment. The solution is the concept known as “redress”.