By Bruce Harris, Rowan Planterose, Jonathan Tecks(auth.)
The Arbitration Act 1996 greatly replaced English arbitration legislations in a few respects. the results of these alterations are nonetheless constructing and are being mirrored in judgements of the courts.
This part by way of part remark at the Act, which Lord Bingham defined as “intensely sensible and admirably simple” while it used to be first released, has been up-to-date in a fourth variation which positive factors reviews on greater than a hundred twenty five new circumstances determined because the final variation was once written in might 2003.
As as a result of the those instances, and a few adjustments to subsidiary laws, the remark on an excellent majority of the sections of half 1 of the Act (the the most important half for many practitioners) has been amended, occasionally considerably. The ebook maintains to supply checklists of selections which these thinking about arbitrations have to think of, including drafting feedback and version agreements.
Written through 3 practicing arbitrators, this new version keeps to supply the main readable and helpful advisor to the Act. it really is a necessary instruction manual for all who're thinking about English arbitration.Content:
Chapter 1 fabrics (pages 1–22):
Chapter 2 Introductory (pages 29–46):
Chapter three The Arbitration contract (pages 51–59):
Chapter four remain of felony court cases (pages 62–76):
Chapter five graduation of Arbitral lawsuits (pages 78–87):
Chapter 6 The Arbitral Tribunal (pages 91–122):
Chapter 7 Jurisdiction of the Arbitral Tribunal (pages 151–162):
Chapter eight The Arbitral lawsuits (pages 166–201):
Chapter nine Powers of court docket with regards to Arbitral complaints (pages 206–221):
Chapter 10 The Award (pages 226–273):
Chapter eleven bills of the Arbitration (pages 274–299):
Chapter 12 Powers of the courtroom when it comes to Award (pages 300–355):
Chapter thirteen Miscellaneous (pages 357–367):
Chapter 14 Supplementary (pages 369–391):
Chapter 15 household Arbitration Agreements (pages 396–399):
Chapter sixteen client Arbitration Agreements (pages 404–406):
Chapter 17 Small Claims Arbitration within the County court docket (pages 408–409):
Chapter 18 Appointment of Judges as Arbitrators (pages 409–410):
Chapter 19 Statutory Arbitrations (pages 411–418):
Chapter 20 Enforcement of Geneva conference Awards (pages 419–421):
Chapter 21 attractiveness and Enforcement of latest York conference Awards (pages 422–437):
Chapter 22 basic Provisions (pages 438–447):
Chapter 23 Schedules (pages 448–462):
Chapter 24 SI 1996 No. 3146 (C.96) Arbitration the Arbitration Act 1996 (Commencement No. 1) Order 1996 (pages 467–470):
Chapter 25 part 103 – Refusal of popularity or Enforcement (pages 431–479):
Chapter 26 The Arbitration Act 1950, half II (pages 480–487):
Chapter 28 desk of instances (pages 488–497):
Chapter 27 Index to observation (pages 498–507):
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Additional resources for The Arbitration Act 1996: A Commentary, Fourth Edition
Joint and several liability of parties to arbitrators for fees and expenses. Immunity of arbitrator. 131 135 137 141 148 30. 31. 32. Jurisdiction of the arbitral tribunal Competence of tribunal to rule on its own jurisdiction. Objection to substantive jurisdiction of tribunal. Determination of preliminary point of jurisdiction. 151 156 162 33. 34. 35. 36. 37. 38. 39. 40. 41. The arbitral proceedings General duty of the tribunal. Procedural and evidential matters. Consolidation of proceedings and concurrent hearings.
5. Agreements to be in writing. 6. 7. 8. The arbitration agreement Definition of arbitration agreement. Separability of arbitration agreement. Whether agreement discharged by death of a party. 29 33 38 42 46 51 56 59 Stay of legal proceedings 9. Stay of legal proceedings. 10. Reference of interpleader issue to arbitration. 11. Retention of security where Admiralty proceedings stayed. 62 74 76 Commencement of arbitral proceedings Power of court to extend time for beginning arbitral proceedings, etc.
Powers of the court in relation to award 66. Enforcement of the award. 67. Challenging the award: substantive jurisdiction. 68. Challenging the award: serious irregularity. 69. Appeal on point of law. 70. Challenge or appeal: supplementary provisions. 71. Challenge or appeal: effect of order of court. 292 296 300 306 314 333 348 355 72. 73. 74. 75. Miscellaneous Saving for rights of person who takes no part in proceedings. Loss of right to object. Immunity of arbitral institutions etc. Charge to secure payment of solicitors’ costs.