Full Description
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.
Contents
Preface.- Part I.- Arbitration: A Consensual Process.- 1.The Landscape of
International Commercial Arbitration.- 2. Arbitration
Agreements: Validity and Interpretation.- 3. The `Seat' and the
Laws Affecting the Arbitration.- 4. Upholding the
Agreement to Arbitrate.- 5. Appointing the
Tribunal.- 6. The Tribunal's
Integrity: Impartiality and Procedural Responsibilities.- 7. Confidentiality and
the Arbitral Process.- Part II.- Monitoring the Tribunal's Application of Contract Law.- 8. Awards Disclosing
Errors of English Law.- 9. Refusal to Give
Effect to Foreign Awards.- Part III.- Central Contractual Doctrines.- 10. Sources and General
Principles of English Contract Law.- 11. Validity.- 12. Misrepresentation and
Coercion.- 13. Terms and Variation.- 14. Interpretation of
Written Contracts.- 15. Breach.- 16. Frustration and Termination by Notice.- 17. Remedies for Breach of
Contract.- Index.
