By Neil Andrews
This ebook offers with the contractual platform for arbitration and the appliance of contractual norms to the events' dispute.
Arbitration and contract are inter-linked in 3 respects: (i) the contract to arbitrate is itself a freelance; (ii) there's scope (subject to transparent consensual exclusion) in England for tracking the arbitral tribunal's constancy and accuracy in making use of great English agreement legislations; (iii) the subject-matter of the arbitration is almost regularly a ‘contractual’ topic. those 3 components underlie this paintings. they seem as half I (arbitration is based on agreement), half II (monitoring accuracy), half III (synopsis of the English contractual principles usually encountered inside of arbitration).
The ebook might be an invaluable source to international attorneys or English non-lawyers, English legal professionals looking a succinct dialogue, and to arbitral tribunals.
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16 1 The Landscape of International Commercial Arbitration Joseph D (2015) Jurisdiction and arbitration agreements and their enforcement, 3rd edn. Sweet & Maxwell, London Merkin R (2014) Arbitration law. Lloyd's of London Press, London. Looseleaf updating service Mustill M, Boyd S (2001) Commercial arbitration: companion volume. Butterworths, London. Updating Commercial Arbitration (2nd edn) Russell on Arbitration (2015) D Sutton et al. (eds) 24th edn. , 4th edn. Thomson, London Tweeddale A, Tweeddale K (2005) Arbitration of commercial disputes: international and english law and practice.
There is an arbitration clause with the seat in Xanadu. At the time that the dispute falls for reference to arbitration, the player has become a very wealthy star, much richer than the promoter. And the tennis-player now lives (mostly) in Xanadu,21 although he remains a Ruritanian citizen. Here the balance of advantage has tilted towards the tennis-player. His foreign status is nominal. He is now at home in Xanadu. Even an expensive arbitration holds no terror for him. 11 It is prudent to draft the arbitration agreement in some detail to avoid the danger of uncertainty and confusion.
80  EWHC 42 (Comm), at ; that case proceeded to the Court of Appeal, in Sulamerica Cia Nacional de Seguros SA v. Enesa Engenharia SA  EWCA Civ 638;  1 WLR 102, but this aspect of Cooke J’s judgment was not critically revisited because Moore-Bick LJ considered at  to  that this issue was outside the scope of the permission for appeal to the Court of Appeal. 81  EWHC 260 (Comm);  2 Lloyd’s Rep 218;  1 CLC 456, at . 82 ibid, at . 83  EWCA Civ 638;  1 Lloyd’s Rep 671.
Arbitration and Contract Law: Common Law Perspectives by Neil Andrews