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Awards of Punitive Damages - SAR 2003 - 2

 
Price:
$35.00
Author: Jessica Jia Fei
Page Count: 18
Published: 2003
Media Desc: 1 PDF Version from "Stockholm Arbitration Reporter"
File Size: 849KB
Qty:
 
 
Description

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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)

 Preview Page SAR 2003 - 2

 

The idea of punitive damages is perhaps one of the major differences in
the legal theories of civil law and common law. In civil law countries the
concept of punitive damages is scarcely known, whether in breach of
contract cases or otherwise, with a limited exception in some countries
where there has been a willful intention to harm the claimant, amounting in

Table of Contents

 TABLE OF CONTENTS PAGE

1. THE FUNCTION OF PUNITIVE DAMAGES
2. WHETHER THE ARBITRATORS HAVE THE POWER TO AWARD
PUNITIVE DAMAGES? 
2.1. Attitudes of U.S. courts towards awards of punitive damages
2.2. Applicable law and the power to award punitive damages
3. SHOULD ARBITRATORS AWARD PUNITIVE DAMAGES? 
3.1. Risk of non-enforcement by national courts
3.2. Public policy concern 
3.3. Enforceability of punitive damage award 
Author Detail

 Jessica Jia Fei, is an associate of Jones Day Beijing Office, and an LL.M. graduate from

Columbia University School of Law, New York, USA. Before joining Jones Day, she had
worked for 8 years at the China International Economic and Trade Arbitration
Commission (CIETAC) in Beijing, China, and the International Centre of Dispute
Resolution of the American Arbitration Association (AAA), New York. This paper
discusses mainly from the American perspective the issue of punitive damages in
international arbitration.