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8 Damages and Alternative Remedies

Injunctive Relief and International Arbitration


Damages and Alternative Remedies


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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