Skip to main content

Enforcement of an arbitral award on agreed terms. The reduction of the value of the liquidated damages clause set forth in the ratified agreement does not contravene res judicata. The reduction of values deemed excessive is permissible by virtue of the public policy character and the social function of the liquidated damages clause, as well as the application of the principles of proportionality and reasonableness:

Subscriber-only content

The full text of the rulings, the texts, and the attachments on this page are part of the Arbipedia collection and are released to subscribers.

Go deeper with our resources and get your questions answered: