Arbitration and Contract Law: Common Law Perspectives

ISBN-13: 9783319271422 / Angielski / Twarda / 2016 / 342 str.

Barrister Neil Andrews

Opis

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.​

Spis treści

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.