Non-damages remedies in international arbitration
Produced in partnership with Farrer & Co
Non-damages remedies in international arbitration

The following Arbitration guidance note Produced in partnership with Farrer & Co provides comprehensive and up to date legal information covering:

  • Non-damages remedies in international arbitration
  • The jurisdiction of arbitral tribunals to award non-damages remedies
  • Types of non-damages remedies available in arbitration proceedings

Damages are the form of relief most commonly requested by parties in arbitration proceedings. Sometimes, however, a claimant may require other remedies. For instance, a claimant may need the respondent to perform its obligations under a contract, eg where there are goods that it wishes to have delivered. Or a potential respondent may wish to pre-empt being sued by seeking a declaration that it is not in breach of contract (a so-called declaration of non-liability).

This Practice Note provides an overview of such non-damages remedies, perhaps better described as non-pecuniary remedies, from an arbitration perspective. It considers:

  1. the jurisdiction of arbitral tribunals to award non-damages remedies in general terms

  2. the most important non-damages remedies, highlighting arbitration-specific issues and touching on the enforcement of awards for non-damages remedies where relevant

For an introduction to damages in international arbitration proceedings, see Practice Note: Damages in international arbitration.

The jurisdiction of arbitral tribunals to award non-damages remedies

The applicable law

Pursuant to the arbitration laws of many jurisdictions, tribunals are given wide discretion to award at least the same broad range of non-damages remedies that a court could order. There has, at various times and in various countries, been some debate as to whether the range of available remedies is a question to be determined according to the law governing the arbitration agreement or the