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.
Professor Robert Merkin is Lloyd's Professor of Commercial Law at the University of Exeter, a consultant to DLA Phillips Fox and has written widely on all aspects of arbitration law and insurance law. Louis Flannery is a Chartered Arbitrator, and is partner and head of the International Arbitration Group at Stephenson Harwood. He specialises in arbitration and litigation in all industry sectors with a particular emphasis on fraud and/or conflict law issues.
Part 1 Introduction Part 2 The Arbitration Act 1996 Part I. Arbitration Pursuant to an Arbitration Agreement Part II. Other Provisions Relating to Arbitration Part III . Recognition and Enforcement of Certain Foreign Awards Part IV. General Provisions Schedules: Schedule 1. Mandatory Provisions of Part I Schedule 2. Modification of Part I in Relation to Judge-Arbitrators Schedule 3. Consequential Amendments Schedule 4. Repeals