Arbitration of Commercial Disputes

Resumen del libro

Building on its success and reputation as a leading reference work on the English law and practice of commercial arbitration, this second edition of Arbitration of Commercial Disputes brings in the expertise of an experienced new co-author to reflect a sea of change within the arbitration field over the past decade.

A new, more user-friendly structure takes the reader through each step of the arbitration process from start to finish, whilst retaining the first edition's unique comparative perspectives of arbitration law and practice in other common law and civil law jurisdictions. The authors explain the application of provisions under the Arbitration Act 1996, as reformed by the Arbitration Act 2025, and document the latest institutional rules affecting the arbitration process including the ICC Arbitration Rules 2021, the LCIA Arbitration Rules 2020, and the latest provisions from the Arbitration Act 2025. They provide detailed analysis on the latest legal authorities, including significant developments to the applicable law to the arbitration agreement, the arbitrator's duty of disclosure, and the granting of anti-suit and anti-arbitration injunctions, and discuss the current and potential future impact of wider societal developments such as Brexit and the use of technology and artificial intelligence.

Written in a clear and approachable style, Arbitration of Commercial Disputes 2e is an ideal reference point for the judiciary, professionals working in commercial arbitration, and an essential primer for academics, students and researchers looking for comprehensive coverage of English arbitration law and practice with an international comparative perspective.

Comentarios

New to this Edition:

• Newly structured to take the reader through each step of the arbitration process from start to finish, whilst retaining the first edition's unique comparative perspectives of arbitration law and practice in other common law and civil law jurisdictions
• Captures and analyses key reforms to the Arbitration Act 1996 as introduced by the Arbitration Act 2025, as well as the latest institutional rule changes
• Discusses the current and potential future impact of technology and AI in arbitration

Índice

1:Introduction to Arbitration
2:The Development of English Arbitration Law
3:The Characteristics of Arbitration and The Principles and Scope of the Arbitration Act 1996
4:The Applicable Law
5:The Procedural Laws of the Arbitration
6:Commencing an Arbitration
7:Extending Time to Commence Arbitration Proceedings
8:The Arbitration Agreement
9:The Parties
10:Appointing the Arbitral Tribunal and the Cessation of its Office
11:The Role of the Arbitral Tribunal
12:Challenging the Arbitral Tribunal's Jurisdiction in the Proceedings
13:Emergency Arbitrators and Preliminary Proceedings
14:Privacy and Confidentiality
15:Evidence, Hearings, and Remedies
16:Powers of the Arbitral Tribunal in Respect of the Award
17:The Award and Enforcement
18:Powers of the Court
19:Procedural Matters Under the Arbitration Act 1996
20:Challenging and Appealing the Award — Sections 67 and 68
21:Appeal on a Point of Law