Arbitration of Commercial Disputes: International and English Law and Practice

Paperback | January 22, 2007

byAndrew Tweeddale, Keren Tweeddale

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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. Theauthors 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 internationalcommercial 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. Inorder 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 ofarbitration 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 ofprocedural 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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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. Theauthors identify fundamental principles of arbitr...

Andrew Tweeddale is a Chartered Arbitrator and a Solicitor-Advocate at Corbett and Co. He has had extensive experience of contentious matters in the construction and engineering industry and has been involved with multi-million pound arbitrations. In 1992 Andrew was called to the Bar and thereafter practised at Eldon Chambers in Londo...
Format:PaperbackDimensions:1128 pages, 9.69 × 6.73 × 1.85 inPublished:January 22, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199216479

ISBN - 13:9780199216475

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Table of Contents

ForewordPart I: An Introduction to ADR1. Alternative Dispute ResolutionPart II: International Arbitration - Principles and Practice2. The Principles of Arbitration3. Arbitration Institutions and Ad Hoc Arbitration4. The Arbitration Agreement and the Parties5. The Arbitral Tribunal and Jurisdiction6. The Applicable Law7. The Procedural Laws of the Arbitration8. Preliminary Proceedings9. The Powers of the Arbitral Tribunal and Interim Measures of Protection10. Evidence, the Award and Remedies11. Privacy and Confidentiality12. Challenging the Award13. Recognition and Enforcement of the Award14. Treaties and ConventionsPart III: Arbitration under English Law15. Introduction to English Arbitration Law16. The Scope and Characteristics of Arbitration17. Commencing an Arbitration18. Extending Time to Commence Arbitration Proceedings19. The Parties20. The Arbitration Agreement21. Incorporating the Arbitration Agreement22. Appointing the Arbitral Tribunal and the Cessation of its Office23. The Arbitral Tribunal24. Challenging the Arbitral Tribunal's Jurisdiction in the Proceedings25. Powers of the Court26. Procedural Matters Under the Arbitration Act 199627. Challenging and Appealing the Award28. Appeal on a Point of Law29. Powers of the Arbitral Tribunal in Respect of the Award30. The AwardPart IV: Precedentsa) Arbitration Agreements (Model Arbitration Clauses, Ad Hoc Arbitration Agreements, Arbitration Following ADR, Incorporation of Arbitration Clause from Another Contract)b) Mediation Agreementc) Appointments and Jurisdictional Clauses (General Jurisdiction Clauses, Appointment of Arbitrator, Termination of Arbitrator's Appointment, ICSID Model Jurisdictional Clauses)d) Commencing an Arbitration (Arbitration Notices)e) Joinder and Consolidation Clauses (Joinder Provisions in Main Contract and Sub-contract, Agreement Between the Parties Extending the Arbitral Tribunal's Jurisdiction to Deal with a New Dispute, Agreement Between the Parties and a Third Party Permitting the Joinder of the Third Party into anExisting Dispute)f) Terms of Reference in an International Arbitration Conducted under the ICC Rules of Arbitrationg) Procedural Clauses (Timetable and Orders for Directions, Disclosure, Security for Costs, Power of Attorney, Confidentiality Clauses, Calderbank Offer)h) Pleadings and Awards (Points of Claim, Final Award, Agreed Award)i) Applications to the Court (Arbitration Forms, Applications to the Court, Witness Statements in Support of Court Applications, Draft Orders)

Editorial Reviews

`"This book is an excellent resource not only for ADR practitioners but also for members of the international business community...The authors do an especially good job of discussing concepts that are usually overlooked in other works."'Dispute Resolution Journal