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Arbitration of Commercial Disputes: International and English Law and Practice 1st ed

ISBN13: 9780199265404
ISBN: 0199265402
Published: March 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780199216475

Arbitration of Commercial Disputes is intended for anyone who is involved in the arbitral process. It provides a thorough and up-to-date analysis of both English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles of arbitration law that are common to all jurisdictions, and shows how some principles of arbitration law are treated differently in various jurisdictions. The book also examines some of the key jurisprudential questions, such as whether an international commercial arbitration is anchored to the place or seat of the arbitration, whether an arbitral award can be enforced even it has been annulled, and the continuing development and use of the lex mercatoria to resolve international commercial arbitrations.

The sections on English arbitration law are structured around the provisions of the English Arbitration Act 1996.

The work examines in turn the parties to the arbitration, the arbitration agreement, the powers and jurisdiction of the arbitral tribunal, the making of an award and its enforcement. In order to assist practitioners the authors have particularly focused on areas of the law which have changed over recent years and which are still developing. The book gives detailed analysis of court decisions and trends in areas where no clear authority exists, such as in the incorporation of arbitration clauses, and the drafting of arbitration notices. The book also deals thoroughly with costs and appeals.

The final section of Arbitration of Commercial Disputes provides a comprehensive set of precedents. The precedents section includes both standard arbitration clauses and bespoke agreements, plus examples of clauses dealing with other forms of ADR prior to arbitration. There are also a number of procedural precedents including a set of Terms of Reference, Directions and a confidentiality agreement. There is finally a set of Awards and a section on applications to the English courts.

Arbitration and Alternative Dispute Resolution
1Alternative Dispute Resolution
2. The Principles of Arbitration
3. Arbitration Institutions and Ad Hoc Arbitration
4. The Arbitration Agreement and the Parties
5. The Arbitral Tribunal and Jurisdiction
6. The Applicable Law
7. The Procedural Laws of the Arbitration
8. Preliminary Proceedings
9. The Powers of the Arbitral Tribunal and Interim Measures of Protection
10. Evidence, the Award and Remedies
11. Privacy and Confidentiality
12. Challenging the Award
13. Recognition and Enforcement of the Award
14. Treaties and Conventions
15. Introduction to English Arbitration Law
16. The Scope and Characteristics of Arbitration
17. Commencing an Arbitration
18. Extending Time to Commence Arbitration Proceedings
19. The Parties
20. The Arbitration Agreement
21. Incorporating the Arbitration Agreement
22. Appointing the Arbitral Tribunal and the Cessation of its Office
23. The Arbitral Tribunal
24. Challenging the Arbitral Tribunal's Jurisdiction in the Proceedings
25. Powers of the Court
26. Procedural Matters Under the Arbitration Act 1996
27. Challenging and Appealing the Award
28. Appeal on a Point of Law
29. Powers of the Arbitral Tribunal in Respect of the Award
30. The Award
a) Arbitration Agreements (Model Arbitration Clauses, Ad Hoc Arbitration Agreements, Arbitration Following ADR, Incorporation of Arbitration Clause from Another Contract)
b) Mediation Agreement
c) Appointments and Jurisdictional Clauses (General Jurisdiction Clauses, Appointment of Arbitrator, Termination of Arbitrator's Appointment, ICSID Model Jurisdictional Clauses)
d) Commencing an Arbitration (Arbitration Notices)
e) Joinder and Consolidation Clauses (Joinder Provisions in Main Contract and Sub-contract, Agreement Between the Parties Extending the Arbitral Tribunal's Jurisdiction to Deal with a New Dispute, Agreement Between the Parties and a Third Party Permitting the Joinder of the Third Party into an Existing Dispute)
f) Terms of Reference in an International Arbitration Conducted under the ICC Rules of Arbitration
g) Procedural Clauses (Timetable and Orders for Directions, Disclosure, Security for Costs, Power of Attorney, Confidentiality Clauses, Calderbank Offer)
h) Pleadings and Awards (Points of Claim, Final Award, Agreed Award)
i) Applications to the Court (Arbitration Forms, Applications to the Court, Witness Statements in Support of Court Applications, Draft Orders)
Arbitration Act 1996
The Civil Procedure Rules and Practice Directions Part 62: Arbitration Claims
The Departmental Advisory Committee Report on the Arbitration Bill
The Departmental Advisory Committee Supplementary Report on the Arbitration Act 1996
UNCITRAL Model Law on International Commercial Arbitration
Convention on the Recognition and Enforcement of Foreign Arbitra