Interest in International Arbitration

Matthew Secomb (White & Case LLP, White & Case LLP, Partner)

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English

Oxford University Press
21 February 2019

International arbitration; Arbitration, mediation & alternative dispute resolution

Series: Oxford International Arbitration Series

Interest plays a vital and increasing role in international arbitration proceedings, with almost every case having an element of interest involved. However, until now, the topic has received very little attention, meaning that arbitrators have had very little concrete foundation on which to judge decisions on interest awards. This book is the first authoritative guidance to address this, providing a uniform approach to the awarding of interest in international arbitration. Interest in International Arbitration aligns arbitrators' decisions with standard commercial practice, offering a practical and logical approach to how interest should be awarded. It sets out traditional approaches that arbitrators have followed in the past, such as using conflict of law to apply a statutory rate from a given law, or awarding instead a subjectively 'reasonable' rate, and examines how these inconsistent approaches have resulted in a variety of awards and decisions. The author uses this analysis as a basis for a uniform approach to the issue: granting compound interest at appropriate rates unless constrained by truly mandatory law. The author sets out the calculation method, explores the benefits and limitations, and presents a thorough argument for the movement toward a uniform approach to interest awards.

By: Matthew Secomb (White & Case LLP White & Case LLP Partner)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 250mm, Width: 179mm, Spine: 23mm
Weight: 714g
ISBN: 9780198779513
ISBN 10: 0198779518
Series: Oxford International Arbitration Series
Pages: 320
Publication Date: 21 February 2019
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

I: Introduction II: Background III: The rate of interest IV: Calculation method V: Period VI: Conclusion

Dr. Matthew Secomb is a partner in White & Case's International Arbitration Group in Singapore. He is also Co-Head of the Asia-Pacific International Arbitration practice. He has acted as counsel in over forty international arbitrations under various rules (ICC, SCC, UNCITRAL, LCIA, ICSID etc). He also acts regularly as arbitrator. Dr. Secomb is an Associate Adjunct Professor in Energy Arbitration at the National University of Singapore and lectures in International Arbitration at Queen's University, Ontario. He is well-published, having authored numerous articles and five book chapters on arbitration and related topics.

Reviews for Interest in International Arbitration

Dr Secomb's book represents a comprehensive, up-to-date and critical monograph on the subject of interest. It is timely because there is growing appreciation that the economic and quantitative aspects of international disputes deserve fuller and better attention from parties and their counsel, and arbitrators. As such, this study will be of great assistance to arbitration practitioners, scholars and students in this under-examined corner of international arbitration. * James Freeman, ASA Bulletin *