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Punitive Damages in International Transactions

Author: Guy ROBIN

Type: Article

ref: 32004247-267

N0:3 of 2004

Pages: 247-267

Punitive damages in international transactions, even though they would be unknown by the material law applicable under the contract, could be admitted in the international legal order of the State of enforcement of an award whenever the principle of punitive damages does not violate the international public order of such State.

Already recognized in common law systems, at the opposite of civil law systems, punitive damages could be admitted in contractual matters as it is in American case – law, in case of lucrative negligence, the matter being now under the competence of arbitration.

Punitive damages open the way to a new category of damages which appear as a private sentence coming as a complement to compensatory damages.