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About the Book:
This publication contains the results of a research project carried out by the Swiss Arbitration Association (ASA) on a question that has received relatively little attention in legal commentary so far: performance as a remedy in international arbitration. Twelve contributions address, by reference to legal theory and to arbitration practice, the question of whether arbitrators can order a party to perform or abstain from performing certain acts (be it in the form of an interim order or in an award on the merits), in what circumstances, and how such orders are made and the issues of procedure and enforcement that they raise.
The particular value of the present compilation lies in the diversity of perspectives it presents. A thorough academic introduction of the subject is followed by reports from nine major international arbitral institutions, including the ICC, LCIA, ICDR/AAA as well as WIPO, Swiss, DIS, Vienna and KLRCA that provide a unique insight into their practical experience with performance as a remedy in arbitrations carried out under their auspices. Further, experts in the fields of corporate law, competition law, construction law, sports law, and international trade provide their perspective of performance as a remedy in their respective fields. Performance orders as interim measures are dealt with in a separate chapter. Particular attention is given to some of the difficult questions that arise when awards for non-monetary relief must be enforced.
Performance as a Remedy is indispensible in that it provides both analysis and practical guidance on the subject and is a major contribution to the field in this to further particularly challenging area of arbitration law.
About the Editors:
Michael E. Schneider is a founding Partner of LALIVE in Geneva. He is the current President of the Swiss Arbitration Association (ASA). He has practiced international arbitration for more than 35 years, acting as counsel before arbitration tribunals under various rules, including those of the ICC, ICSID, Swiss Rules, Stockholm Institute, the Cairo Regional Centre for International Commercial Arbitration (CRCICA), European Development Fund and UNCITRAL, and before other international bodies, including the WTO Appellate Body and the United Nations Compensation Commission. He has also sat as arbitrator (chair, sole or co-arbitrator) under the rules of many institutions in Switzerland and abroad. Mr. Schneider is Vice Chair of the ICC Commission on Arbitration, and has been a member of several of its working groups (1998 and 2009 Revision of the ICC Rules, Construction, Pre-Arbitral Referee). He is also a member of the Executive Committee of the Dubai International Arbitration Centre (DIAC). Since September 2006 he has chaired the UNCITRAL WG II (Arbitration) on the revision of the Arbitration Rules.
Joachim Knoll is a Partner with the firm of Brown&Page in Geneva, specializing in international dispute resolution. He has acted as counsel and/or sole arbitrator in ad hoc proceedings (including under the UNCITRAL Rules) and in cases under the rules of the ICC, ICSID, and the Swiss Rules. Trained in Germany and France, he holds LL.M. degrees from Boston University School of Law and King’s College London School of Law. Mr. Knoll is admitted to the New York State Bar.
Brooks E. Allen
Ignacio de Castro
Siegfried H. Elsing
David Ramos Muñoz