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: