Arbitration of Commercial Disputes: International and English Law and Practice

Arbitration of Commercial Disputes: International and English Law and Practice

By: Andrew Tweeddale (author), Karen Tweeddale (author)Paperback

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This significant work is now reissued in paperback, without appendices. The text provides a detailed yet clear and accessible guide to English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles of arbitration law that are common to all jurisdictions, and show how some principles of arbitration law are treated differently in various jurisdictions. The book also examines some of the key jurisprudential questions, such as whether an international commercial arbitration is anchored to the place or seat of the arbitration, whether an arbitral award can be enforced even it has been annulled, and the continuing development and use of the lex mercatoria to resolve international commercial arbitrations. The sections on English arbitration law are structured around the provisions of the English Arbitration Act 1996. The work examines in turn the parties to the arbitration, the arbitration agreement, the powers and jurisdiction of the arbitral tribunal, the making of an award and its enforcement. In order to assist practitioners the authors have particularly focused on areas of the law which have changed over recent years and which are still developing. The book gives detailed analysis of court decisions and trends in areas where no clear authority exists, such as in the incorporation of arbitration clauses, and the drafting of arbitration notices. The book also deals thoroughly with costs and appeals. The final section of Arbitration of Commercial Disputes provides a comprehensive set of precedents. The precedents section includes both standard arbitration clauses and bespoke agreements, plus examples of clauses dealing with other forms of ADR prior to arbitration. There are also a number of procedural precedents including a set of Terms of Reference, Directions and a confidentiality agreement. There is finally a set of Awards and a section on applications to the English courts.

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About Author

Andrew Tweeddale is a Chartered Arbitrator and a Solicitor-Advocate at Corbett & Co. He has had extensive experience of contentious matters in the construction and engineering industry and has been involved with multi-million pound arbitrations. In 1992 Andrew was called to the Bar and thereafter practised at Eldon Chambers in London. In 1995 he moved to niche construction law firm Corbett & Co where he was involved in numerous ICC arbitrations and worked extensively with the FIDIC forms of contract. In 1999 Andrew joined the Construction and Engineering Group of Norton Rose, where he was involved with both domestic and international arbitrations. He returned to Corbett & Co in 2005. He has written numerous articles on arbitration and alternative dispute resolution. Keren Tweeddale was called to the bar in 1990 and practised at the bar for several years before becoming a lecturer specialising in arbitration law. Keren has given seminars on arbitration law to law firms, various businesses, corporations and universities. She is a Lecturer at London South Bank University, and a Fellow of the Chartered Institute of Arbitrators.


Foreword ; PART I: AN INTRODUCTION TO ADR ; 1. Alternative Dispute Resolution ; PART II: INTERNATIONAL ARBITRATION - PRINCIPLES AND PRACTICE ; 2. The Principles of Arbitration ; 3. Arbitration Institutions and Ad Hoc Arbitration ; 4. The Arbitration Agreement and the Parties ; 5. The Arbitral Tribunal and Jurisdiction ; 6. The Applicable Law ; 7. The Procedural Laws of the Arbitration ; 8. Preliminary Proceedings ; 9. The Powers of the Arbitral Tribunal and Interim Measures of Protection ; 10. Evidence, the Award and Remedies ; 11. Privacy and Confidentiality ; 12. Challenging the Award ; 13. Recognition and Enforcement of the Award ; 14. Treaties and Conventions ; PART III: ARBITRATION UNDER ENGLISH LAW ; 15. Introduction to English Arbitration Law ; 16. The Scope and Characteristics of Arbitration ; 17. Commencing an Arbitration ; 18. Extending Time to Commence Arbitration Proceedings ; 19. The Parties ; 20. The Arbitration Agreement ; 21. Incorporating the Arbitration Agreement ; 22. Appointing the Arbitral Tribunal and the Cessation of its Office ; 23. The Arbitral Tribunal ; 24. Challenging the Arbitral Tribunal's Jurisdiction in the Proceedings ; 25. Powers of the Court ; 26. Procedural Matters Under the Arbitration Act 1996 ; 27. Challenging and Appealing the Award ; 28. Appeal on a Point of Law ; 29. Powers of the Arbitral Tribunal in Respect of the Award ; 30. The Award ; PART IV: PRECEDENTS ; a) Arbitration Agreements (Model Arbitration Clauses, Ad Hoc Arbitration Agreements, Arbitration Following ADR, Incorporation of Arbitration Clause from Another Contract) ; b) Mediation Agreement ; c) Appointments and Jurisdictional Clauses (General Jurisdiction Clauses, Appointment of Arbitrator, Termination of Arbitrator's Appointment, ICSID Model Jurisdictional Clauses) ; d) Commencing an Arbitration (Arbitration Notices) ; e) Joinder and Consolidation Clauses (Joinder Provisions in Main Contract and Sub-contract, Agreement Between the Parties Extending the Arbitral Tribunal's Jurisdiction to Deal with a New Dispute, Agreement Between the Parties and a Third Party Permitting the Joinder of the Third Party into an Existing Dispute) ; f) Terms of Reference in an International Arbitration Conducted under the ICC Rules of Arbitration ; g) Procedural Clauses (Timetable and Orders for Directions, Disclosure, Security for Costs, Power of Attorney, Confidentiality Clauses, Calderbank Offer) ; h) Pleadings and Awards (Points of Claim, Final Award, Agreed Award) ; i) Applications to the Court (Arbitration Forms, Applications to the Court, Witness Statements in Support of Court Applications, Draft Orders)

Product Details

  • publication date: 22/02/2007
  • ISBN13: 9780199216475
  • Format: Paperback
  • Number Of Pages: 1128
  • ID: 9780199216475
  • weight: 1460
  • ISBN10: 0199216479

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