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8 Damages and Alternative Remedies

Injunctive Relief and International Arbitration

8

Damages and Alternative Remedies

INTRODUCTION

8.01 As discussed in Chapter 2, the English approach has been that the failure to litigate or arbitrate in the agreed forum is a breach of an arbitration agreement or exclusive jurisdiction clause. This chapter considers alternative remedies and/or steps other than seeking an anti-suit injunction that a party may consider in the event of a breach of an arbitration agreement by litigating instead of arbitration. The following issues are examined:

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