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Thisbook deals with the contractual platform for arbitration and the application ofcontractual norms to the parties' dispute.
Arbitration and agreement areinter-linked in three respects: (i) the agreement to arbitrate is itself acontract; (ii) there is scope (subject to clear consensual exclusion) inEngland for monitoring the arbitral tribunal's fidelity and accuracy inapplying substantive English contract law; (iii) the subject-matter of thearbitration is nearly always a 'contractual' matter. These three elementsunderlie this work. They appear as Part I (arbitration is founded onagreement), Part II (monitoring accuracy), Part III (synopsis of the Englishcontractual rules frequently encountered within arbitration).
Thebook will be a useful resource to foreign lawyers or English non-lawyers,English lawyers seeking a succinct discussion, and to arbitral tribunals.
List of contents
Preface.- Part I.- Arbitration: A Consensual Process.- 1.The Landscape ofInternational Commercial Arbitration.- 2. ArbitrationAgreements: Validity and Interpretation.- 3. The `Seat' and theLaws Affecting the Arbitration.- 4. Upholding theAgreement to Arbitrate.- 5. Appointing theTribunal.- 6. The Tribunal'sIntegrity: Impartiality and Procedural Responsibilities.- 7. Confidentiality andthe Arbitral Process.- Part II.- Monitoring the Tribunal's Application of Contract Law.- 8. Awards DisclosingErrors of English Law.- 9. Refusal to GiveEffect to Foreign Awards.- Part III.- Central Contractual Doctrines.- 10. Sources and GeneralPrinciples of English Contract Law.- 11. Validity.- 12. Misrepresentation andCoercion.- 13. Terms and Variation.- 14. Interpretation ofWritten Contracts.- 15. Breach.- 16. Frustration and Termination by Notice.- 17. Remedies for Breach ofContract.- Index.
Summary
This
book deals with the contractual platform for arbitration and the application of
contractual norms to the parties' dispute.
Arbitration and agreement are
inter-linked in three respects: (i) the agreement to arbitrate is itself a
contract; (ii) there is scope (subject to clear consensual exclusion) in
England for monitoring the arbitral tribunal's fidelity and accuracy in
applying substantive English contract law; (iii) the subject-matter of the
arbitration is nearly always a ‘contractual’ matter. These three elements
underlie this work. They appear as Part I (arbitration is founded on
agreement), Part II (monitoring accuracy), Part III (synopsis of the English
contractual rules frequently encountered within arbitration).
The
book will be a useful resource to foreign lawyers or English non-lawyers,
English lawyers seeking a succinct discussion, and to arbitral tribunals.
