Seeking Certainty in Enforcement: How Divergences in the Contractual Penalty Rule can Impact upon Certainty in the Arbitral Process - Asian Dispute Review View Seeking Certainty in Enforcement: How Divergences in the Contractual Penalty Rule can Impact upon Certainty in the Arbitral Process by - Asian Dispute Review Seeking Certainty in Enforcement: How Divergences in the Contractual Penalty Rule can Impact upon Certainty in the Arbitral Process 25 2

This article considers divergences in the approach of courts worldwide as to when liquidated damages in contract equate to penalties, what an arbitral tribunal can do to improve certainty in the recoverability of liquidated damages in light of these divergences, and whether and in what circumstances it should do so. The equivalent rule in Mainland China, which is statutebased, is also discussed.

Asian Dispute Review