Merkin and Flannery on the Arbitration Act 1996 PDF Download
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Author: Robert Merkin
Publisher: Taylor & Francis
ISBN: 1317433645
Category : Law
Languages : en
Pages : 1832
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Book Description
This book is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions. Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability. The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judges who are involved in the practice of arbitration (whether domestic or international). It is also aimed at UK and international students of international arbitration, especially in relation to the sections with comparative legal analysis and comprehensive discussions on the interaction between the Arbitration Act 1996 and institutional arbitration rules. Erratum: The authors regret that the new version of the LCIA Rules will not now be published (or be applicable) until early 2020, due to unexpected circumstances. It is understood that those Articles referred to in the text as the 2019 Rules will remain unchanged, albeit that the Rules when in force should be and will be cited as the 2020 LCIA Rules. The authors accept responsibility for and apologise for this error.
Author: Robert Merkin
Publisher: Taylor & Francis
ISBN: 1317433645
Category : Law
Languages : en
Pages : 1832
Get Book Here
Book Description
This book is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions. Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability. The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judges who are involved in the practice of arbitration (whether domestic or international). It is also aimed at UK and international students of international arbitration, especially in relation to the sections with comparative legal analysis and comprehensive discussions on the interaction between the Arbitration Act 1996 and institutional arbitration rules. Erratum: The authors regret that the new version of the LCIA Rules will not now be published (or be applicable) until early 2020, due to unexpected circumstances. It is understood that those Articles referred to in the text as the 2019 Rules will remain unchanged, albeit that the Rules when in force should be and will be cited as the 2020 LCIA Rules. The authors accept responsibility for and apologise for this error.
Author: Robert Merkin
Publisher: CRC Press
ISBN: 1317819020
Category : Law
Languages : en
Pages : 606
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Book Description
This book is an essential resource for any legal practitioner involved in any aspect of English arbitration law. It provides a thorough annotation of the Arbitration Act 1996, and contains comprehensive explanations of developments in the relevant case law to each section of the Act. Since the fourth edition of this book, the English courts have decided many important new cases on virtually every aspect of arbitration law. The most important developments relate to: The growth of anti-arbitration injunctions; The use of freezing injunctions against third party assets and the availability of anti-suit injunctions in EU proceedings; The definition of seat, the appointment of arbitrators, choice of applicable law, jurisdiction, the form of the award and the slip rule; Enforcement of foreign awards, and challenges to domestic awards by way of jurisdictional attacks, serious irregularity or error of law In this 5th edition, the notes to each section contain helpful sub-headings and a new Appendix will contain a fully annotated version of CPR Part 62 and the Practice Direction. The book will also be useful for academics and university students of law at all levels seeking an understanding of the 1996 Act, including those on the Legal Practice Course.
Author: Robert M. Merkin
Publisher: Informa Law from Routledge
ISBN: 9781843113744
Category : Arbitrage (Droit) - Angleterre
Languages : en
Pages : 0
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Book Description
Provides a comprehensive and up to date account of the law related to arbitration.
Author: Louise Hauberg Wilhelmsen
Publisher: Edward Elgar Publishing
ISBN: 1788115058
Category : Law
Languages : en
Pages : 418
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Book Description
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
Author: Doug Jones
Publisher: Lawbook Company
ISBN: 9780455228587
Category : Arbitration agreements, Commercial
Languages : en
Pages : 626
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Book Description
Commercial Arbitration Law in Australia provides an essential and timely guide to domestic commercial arbitration in Australia following the 2010 decision by the Standing Committee of Attorneys-General (SCAG) to enact new uniform commercial arbitration acts in each jurisdiction. The new uniform legislation uses the UNICTRAL Model Law as its basis with deviations necessary for the Australian domestic setting and has already been enacted in New South Wales. These substantive and procedural changes to Australia's existing domestic arbitration law make a new and comprehensive text on this topic essential. Commercial Arbitration Law in Australia will provide the reader with: a background to the reform process, in-depth consideration of relevant case law from around the world, as influenced by the UNCITRAL Model Law, Australian jurisprudence on arbitration law and practice, A section-by-section commentary on the new Commercial Arbitration Act 2010 (NSW), which follows the SCAG's model provisions, and discussion of alternative forms of dispute resolution. This work is a 'must have' for anyone involved in commercial dispute resolution in Australia whether as a party to the arbitration, counsel, neutral or student.
Author: Nathan O'Malley
Publisher: Taylor & Francis
ISBN: 1317200373
Category : Law
Languages : en
Pages : 521
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Book Description
Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.
Author: Asli Arda
Publisher: Taylor & Francis
ISBN: 1000899772
Category : Law
Languages : en
Pages : 323
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Book Description
This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.
Author: Piotr Wiliński
Publisher:
ISBN: 9789462369917
Category : Arbitration (International law).
Languages : en
Pages : 0
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Book Description
Although the idea of arbitral tribunal's mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal's mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal's mandate remains a moving target and escapes easy classification. Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal's mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal's mandate is vague, it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration - the finality of the arbitral award. It is therefore essential to determine how the national courts review arbitral awards on the basis of 'excess of mandate' and consequently in what instances they accept the argument that the tribunal acted in violation of its mandate. This study aims at recognizing the similarities and differences of the 'excess of mandate' type of challenges in selected legal systems (namely the UNCITRAL Model Law, France, England, the U.S. and the New York Convention). Looking through the eyes of what the selected legal systems consider to be an 'excess of mandate' allows us to identify common features and contributes to a better understanding of the concept of the arbitral tribunal's mandate by arbitrators, judges and legal practitioners alike. Accordingly, this research adds a building block to the definition of the tribunal's mandate.
Author: Frank-Bernd Weigand
Publisher: OUP Oxford
ISBN: 0191579971
Category : Law
Languages : en
Pages : 2585
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Book Description
The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.
Author: Githu Muigai
Publisher: African Books Collective
ISBN: 9966031537
Category : Law
Languages : en
Pages : 244
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Book Description
Arbitration Law and Practice in Kenya is a practical reference text for one of the fastest growing areas of legal practice in Kenya today. The text covers the arbitration process from the arbitration agreement to commencement of proceedings and to the delivery of the Award in the Kenyan context. All topics are covered against the provisions of the Arbitration Act, 1995, the Civil Procedure Act, the UNICTRAL Model Law, relevant international conventions and relevant case law, local, regional and international. The book will prove useful for students, practitioners and arbitrators.
