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Mustill & Boyd: Commercial and Investor State Arbitration 3rd ed

Edited by: Justice David Foxton

ISBN13: 9781405719629
Previous Edition ISBN: 0406925348
Published: December 2024
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £450.00



In stock.

Previously known as Mustill & Boyd: Commercial Arbitration, this invaluable title includes in-depth discussion from an international perspective of the principles of commercial arbitration (and investment-state arbitration) with a principal focus on English law and practice but with extensive reference to the law of other major arbitral jurisdictions, including Singapore, Hong Kong, France and Australia, and to the rules of major arbitral institutions.

It combines expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act both in arbitration and in court. The commentary seeks to identify, analyse and offer answers to points of potential controversy. It discusses the forthcoming amendments to the Arbitration Act 1996 in the Arbitration Bill 2024 which followed on from the Law Commission review of the arbitration law of England, Wales and Northern Ireland.

Over twenty years have passed since the Companion to the Second Edition was published, this new edition has been completely rewritten to reflect expert consideration of the latest case law and proposed statutory reforms, while at the same time seeking to preserve the analytical strength and comprehensiveness of treatment which made the first two editions of this book an invaluable treatment of this important subject. In addition, the book now includes chapters considering the particular characteristics of institutional arbitration, and three chapters addressing investor-state dispute resolution, which has become increasingly important over the two decades since the 2001 Companion.

General Editor: Mr Justice David Foxton
Contributors: Siddharth Dhar KC; Ricky Diwan KC; Salim Moollan KC; Paul Tan; Peter Webster; Samuel Wordsworth KC

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Forward
Preface
Abbreviations
Table of Statutes
Table of Cases

Chapter 1
Introduction to Commercial and Investor State Arbitration
Chapter 2
Institutional Arbitration
Chapter 3
The Arbitration Agreement
Chapter 4
The Seat and Range of Relevant Laws
Chapter 5
Jurisdiction
Chapter 6
Court Enforcement and Support of Arbitration Agreements and Associated Relief
Chapter 7
Commencement of Arbitration and - Time Issues
Chapter 8
Appointment, Tenure and Immunities
Chapter 9
The Conduct of the Reference - The Arbitration in the Period Prior to the hearing
Chapter 10
Evidence in Arbitration
Chapter 11
The Hearing
Chapter 12
Arbitration Awards
Chapter 13
The Award of Costs
Chapter 14
Challenges to, and Appeals Against, Awards: Sections 67-69
Chapter 15
Arbitration Awards: Finality and Res Judicata
Chapter 16
Domestic Enforcement
Chapter 17
Recognition and Enforcement of Foreign Arbitral Awards Under the New York Convention (1958)
Chapter 18
Investor State Arbitration: Special Features
Chapter 19
Consent to Arbitration and Key Jurisdictional Issues
Chapter 20
Finality, Challenges and Enforcement

Appendix 1: Legislation affecting Arbitration
Appendix 2: New York Convention (1958)

Index