Punitive Damages in the Context of Maritime Arbitration: Myth or Reality? Lessons Drawn from the American Perspective and the Existing Practice of the Society of Maritime Arbitrators
Article from: TDM 1 (2021), in Maritime Law
The award of punitive damages in maritime arbitration raises unique, vexing questions of domestic and international legal frameworks. Despite the rapid growth and popularity of maritime arbitration, the availability of punitive damages, as a potential award to parties in maritime arbitration, has received sparse and insufficient attention. Whether or not punitive damages are being awarded within maritime arbitral disputes, is obscured by the private nature of arbitral hearings, and the opacity surrounding arbitral decisions. Regulatory regimes regarding the recoverability of ...