Title

VII.3.4 - Manner of payment of damages

Content

No. VII.3.4 - Manner of payment of damages

(a) Damages are to be paid in a lump sum. They may be payable in instalments where the nature of the harm makes this appropriate.

(b) Damages to be paid in instalments may be indexed.

Commentary

1 The first sentence of subsection 1 spels out the general rule for the payment of damages. In rare cases, however, a party may demand or the court or arbitral tribunal may order the payment of damages in (monthly, quarterly, yearly etc.) instalments, depending on the nature of the harm for which damages are awarded.

2 If damages are to be paid in instalments, they may be indexed so as to avoid regular review of the judgement or arbitral award which would be necessary in order to take account of inflation.

References

International Legislation

Fontaine, Marcel, OHADA Uniform Act On Contract Law Preliminary Draft

Principles / Restatements

UNIDROIT Principles of International Commercial Contracts 2016