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Williams & Kawharu on Arbitration 2nd ed


ISBN13: 9781927313916
Previous Edition ISBN: 9781877511547
Published: October 2017
Publisher: LexisNexis New Zealand
Country of Publication: New Zealand
Format: Paperback
Price: £125.00



Usually despatched in 1 to 3 weeks.

Williams and Kawharu on Arbitration is well recognised for its excellence, having won the JF Northey Prize 2012 for best legal treatise published in New Zealand in 2011 and been reviewed favourably both in New Zealand and internationally.

Since the first edition was published in 2011, it has been cited on several occasions by the New Zealand courts as an authoritative interpretation of arbitral practice in New Zealand, including by the Supreme Court in Zurich Australian Insurance Ltd t/a Zurich New Zealand v Cognition Education Ltd [2014] NZSC 188 and in Carr v Cook Gallaway Allan [2014 J NZSC 75.

This second edition of Williams and Kawharu on Arbitration builds on the structure of the first with a distinct focus on significant recent case law in New Zealand and elsewhere as well as developments concerning arbitral law and practice in the Asia-Pacific region.

Additional topics in this edition include: the growth of international arbitration in the region, third-party funding, the arbitration of trust disputes, emergency arbitrators and the importance of soft law guidelines including the new IBA Guidelines on Party Representation in International Arbitration and the Young ICCA Guide on Arbitral Secretaries.

Written for practising lawyers, arbitrators, judges and students, Williams and Kawharu on Arbitration is an indispensable aid to those studying and practising in this important area of law.

Features:-

  • Researched and written by a high profile author team who have extensive practical and theoretical knowledge of both domestic and international arbitration.
  • Comprehensive in-depth analysis of the Arbitration Act 1996 as well as concepts and decisions relating to arbitration generally which places New Zealand arbitration in its wider international context
  • Practical and topical the first edition was the winner of the Legal Research Foundations JF Northey Memorial Book Award for 2011

Subjects:
Other Jurisdictions , New Zealand
Contents:
Part 1 – Introduction
1. Nature and Sources of Arbitration Law
2. Origins of the Arbitration Act
3. Role of the Court

Part 2 – The Arbitration Act 1996 (NZ) and its Amendments
4. The Arbitration Agreement
5. The Appointment of the Arbitral Tribunal
6. The Status of Arbitrators
7. Jurisdiction of the Arbitral Tribunal
8. Pre-conditions to the Commencement of Arbitral Proceedings
9. Interim Measures
10. The Law Governing the Arbitral Procedure
11. The Conduct of the Arbitral Proceedings
12. Legal Rules Applicable to the Substance of the Dispute
13. The Confidentiality of Arbitral Proceedings
14. Making of Award and Termination of Proceedings
15. Post Award Issues
16. Costs and Expenses of an Arbitration
17. Applications to Set Aside Arbitral Awards
18. Determination of Points of Law by the High Court and Appeals on Questions of Law
19. Recognition, and Recognition and Enforcement of Awards

Part 3 – International Commercial Arbitration
20. Introduction to International Commercial Arbitration
21. Interim Measures
22. Institutional Arbitration – Overview of Relevant Institutional Rules
23. The Impact of Soft Law Guidelines, Rules and Protocols in International Arbitration
24. Enforcement of International Awards / Rulings / Decisions

Part 4 – Investment Treaty Arbitration
25. Investment Treaty Arbitration: Introduction, Jurisdiction and Procedure
26. Substantive Standards of Investor Protection
27. Overview of New Zealand’s Investment Treaties