arbitration act 1996 lloyd s arbitration law library

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Arbitration Act 1996

Author : Robert Merkin
ISBN : 9781317819011
Genre : Law
File Size : 88. 42 MB
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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.

Carbonneau On International Arbitration

Author : Thomas E. Carbonneau
ISBN : 9781933833347
Genre : Law
File Size : 57. 69 MB
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The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.

Arbitration Practice And Procedure

Author : D. Mark Cato
ISBN : STANFORD:36105060713182
Genre : Law
File Size : 73. 99 MB
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This edition provides an up-to-date and practical guide to the Arbitration Act 1996. It examines the problems encountered on a day- to-day basis by professional advisers, lawyers, arbitrators, expert witnesses and parties to arbitration.

Recognition And Enforcement Of Foreign Arbitral Awards

Author : George A. Bermann
ISBN : 9783319509150
Genre : Law
File Size : 61. 90 MB
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This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”

A Practical Approach To Alternative Dispute Resolution

Author : Stuart Sime
ISBN : 9780198747666
Genre :
File Size : 52. 95 MB
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A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of resolution of disputes out of court. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This fourth edition has been brought fully up to date to reflect current practice and issues affecting ADR. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book

Commercial Dispute Processing And Japan

Author : Yasunobu Sato
ISBN : 9789041116680
Genre : Law
File Size : 74. 94 MB
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Under globalization, the resolution of commercial disputes across national borders is assuming ever greater importance. This groundbreaking study explores a range of possible approaches, both within the established legal infrastructure, and through alternative, not only arbitration, but also non-confrontational means such as negotiation and mediation/conciliation. The Japanese experience in dispute processing is taken as a means of exploring the ways in which international harmonization efforts such as the UNCITRAL Model Law impact on individual nations. As an Asian nation which has adopted and adapted a variety of Western practices under modernization and democratization, Japan is in a unique position to offer a balanced global example--a model for a more comprehensive approach to disputes as an integrated multi-layered system. The book will be of interest to the scholar and practitioner of trans-national/cultural commercial dispute processing as well as those who are involved in the law reform technical cooperation.

Arbitration Act 1996

Author : Margaret Rutherford
ISBN : STANFORD:36105060479842
Genre : Law
File Size : 88. 80 MB
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The Modern Law Of Marine Insurance

Author : Rhidian Thomas
ISBN : 9781317424734
Genre : Law
File Size : 60. 29 MB
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This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law. The topics covered are An assessment of the Marine Insurance Act 1906 Construction of marine policies Litigating against brokers – the measure of damages Co-insurance and leading underwriter clauses Duties of good faith of insurers and reinsurers Assured right to interest when a policy is avoided The impact of The Cendor MOPU on the Institute Cargo Clauses Fraudulent claims Aspects of Subrogation Conflict of laws in light of the recast Brussels I Regulation This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.

Injunctive Relief And International Arbitration

Author : Hakeem Seriki
ISBN : 9781317685043
Genre : Law
File Size : 32. 7 MB
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This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.

The Arbitration Act 1996

Author : Bruce Harris
ISBN : 9781118853382
Genre : Technology & Engineering
File Size : 54. 35 MB
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"There should not be a practitioner who does not have a copy ... highly recommended." —Arbitration When first published, The Arbitration Act 1996: A Commentary was described by Lord Bingham as "intensely practical and admirably user-friendly". It remains the most readable, useful, practical and user-friendly guide to the Arbitration Act 1996. The courts – particularly the Commercial and the Technology & Construction Courts – continue to grapple with many questions relating to the Act, with many judgments reported since the previous edition was published. While many of these do not add to the wisdom on this legislation, for the fifth edition the authors have considered some 330 new cases, resulting in extensive changes throughout much of the commentary. Many of the cases going to court concern challenges to awards and as a result the commentary on the relevant sections of the Act (ss. 67, 68, 70 and 72) has been subject to very substantial revision indeed. The details of all of these changes are of great importance to practitioners, whether lawyers or arbitrators. In addition there have been some significant changes to the Model Law since publication of the previous edition, which are fully documented and commented upon. Alterations to the CPR, the new UNCITRAL Rules (2010), the new ICC Rules (2012) and the new ICE Arbitration Procedure (2010) are also covered. Written by three practising arbitrators, the fifth edition continues to be the essential handbook for all concerned with English arbitration.

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