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Arbitration of Commercial Disputes - International and English Law and Practice (Paperback, New Ed)
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Arbitration of Commercial Disputes - International and English Law and Practice (Paperback, New Ed)
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This significant work is now reissued in paperback, without
appendices. The text provides a detailed yet clear and accessible
guide to 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 show 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.
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