ABSTRACT

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The Obligation to Mitigate Loss

Author: Louis THIBIERGE

Type: Article

ref: 42016365-391

N0:4 of 2016

Pages: 365-391

The study of the obligation to mitigate loss has revealed the existence of a perennial obligation in arbitral case law. Featuring various foundations, justified as much morally as it is economically or technically, the obligation to mitigate loss is a necessity. The success it finds amongst arbitral tribunals is therefore hardly surprising. However, its implementation is not without practical difficulties. It can be hypothesised that, shaped by arbitral tribunals, enlightened by doctrine, the obligation to mitigate loss will gain in precision, in predictability, and continue its conquest of international trade law.