Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

International arbitration definition

What does International arbitration mean? International arbitration describes an arbitration with cross‑border elements, typically where the parties are in different states, the agreed seat or place of performance is abroad, foreign law governs, or enforcement will be against overseas assets. In practice it refers to international commercial arbitration under an arbitration agreement. In England & Wales, Scotland and Northern Ireland it is a descriptive term rather than a statutory category; neither the Arbitration Act 1996 nor the Arbitration (Scotland) Act 2010 defines it. In Ireland, the Arbitration Act 2010 gives UNCITRAL Model Law force of law; Article 1(3) sets out when an arbitration is “international”...

Non-pecuniary remedies in international arbitration: tribunal powers, applicable law, principal remedies (performance, declarations, formative relief, restitution, injunctions and astreintes) and practical guidance on enforcement and drafting

Published by a LexisNexis Arbitration expert

Practice notes

Practice Note

international arbitration is still commonly regarded as a forum where parties pursue financial relief, chiefly damages for breaches of contract. Nonetheless, non-pecuniary remedies—long eclipsed by headline-grabbing damages awards from certain tribunals—have been available in at least some legal systems and have drawn growing interest in recent years (Charles H. Brower, Neglected, Perplexing, Unpredictable: Remedies in International Commercial arbitration, 102 Nebraska Law Review [2024], 490–493). This Practice Note examines the jurisdiction and authority of arbitrators to grant non-pecuniary relief and outlines the principal forms such relief may take. It also touches on issues explored in depth in a 2011 study prepared for the ASA conference ‘Performance as a Remedy—Non-Monetary Relief in International Arbitration’ (Performance as a Remedy: Non-Monetary Relief in International Arbitration (2011), Michael E. Schneider and Joachim Knoll (eds.)), which is cited throughout this Practice Note. The authors express their gratitude to Mr Robert Bradshaw, Partner, and Ms Margaux Bergère, Associate in LALIVE’s Arbitration Practice Group, for their valuable support in researching this Practice Note. For an introduction to recovering damages in international arbitration, see Practice Note: Damages in international arbitration...

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Joachim Knoll

LALIVE

Joachim Knoll is a partner at LALIVE and has been practicing international arbitration, both commercial and investment treaty arbitration, since 1999. He has acted as counsel and arbitrator in over 70 international arbitral proceedings, ad hoc (including UNCITRAL) or administered (ICC, ICSID, Swiss Rules, LCIA, SCC, DIS, DIAC, AAA/ICDR), governed by various procedural and substantive laws, including Swiss, French, German, English, New York and Turkish. Joachim Knoll is experienced in disputes involving the main aspects of commercial transactions, in particular disputes relating to the international sale of goods, distribution and investment disputes in the construction, energy, mining, telecommunications, broadcasting and aviation sectors.He also advises clients on arbitration-related matters including drafting of arbitration agreements, challenges and enforcement of arbitral awards. In addition, he provides advice to governments in the negotiation of investment treaties, as well as to investors on how to structure their...

Web page updated on 21/05/2026

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