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
