Awarding no interest on back pay has been the rule; paying interest the exception. This article examines the rationale for each, and the growing trend… Read More »Interest awards on back pay: Strengthening make-whole remedies.
Professor Snow offers a theory for fashioning arbitration remedies in the face of contractual silence: reliance upon “gap-fillers,” (meaning norms embedded in arbitral jurisprudence, e.g.… Read More »Make-whole and statutory remedies:1. Informing the silent remedial gap
Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those… Read More »Arbitral implications: Hearing the sounds of silence
A discussion of the limits on an arbitrator’s authority to fix damages, and of the methods of computing damages including compensatory, punitive and liquidated damages.