Reza Mohtashami QC and Farouk El-Hosseny wrote the “Non-Compensatory Damages in Civil and Common Law Jurisdictions – Requirements and Underlying Principles” chapter in the fourth edition of The Guide to Damages in International Arbitration, published by Global Arbitration Review in 2021. The authors review the availability of different types of non-compensatory damages under common law and civil law systems, limitations on the authority of arbitral tribunals in this regard, and the position under international law and the extent to which moral damages are assuming a non-compensatory function.
To view the chapter, click here.