By Neil Andrews
This ebook bargains with the contractual platform for arbitration and the applying 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 utilizing considerable English agreement legislation; (iii) the subject-matter of the arbitration is almost constantly a ‘contractual’ subject. 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 arbitration).
The publication can be an invaluable source to overseas attorneys or English non-lawyers, English attorneys looking a succinct dialogue, and to arbitral tribunals.
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Extra info for Arbitration and Contract Law: Common Law Perspectives
41 The Departmental Advisory Committee Report (1996), at ; section 81(2)(b), Arbitration Act 1996; Mustill & Boyd, Commercial Arbitration: Companion Volume (London, 2001), 21, 371. 42 British American Insurance (Kenya) Ltd v. Matelec SAL  EWHC 3278 (Comm), Walker J. 34 26 2 Arbitration Agreements: Validity and Interpretation there is no scope for referring the matter (additionally) to a different foreign test of written formality, in the event that the arbitration agreement is subject to nonEnglish law.
28 Viz, an agreement to submit a particular dispute to arbitration once the dispute has already arisen. 29 Section 5, Arbitration Act 1996. 30 Section 5(1): … [A]nd any other agreement between the parties as to any matter is effective for the purposes of this Part only if in writing; Mustill & Boyd, Commercial Arbitration: Companion Volume (London, 2001), 20. 31 The Departmental Advisory Committee Report (1996), paragraph 32; section 81(2)(b), Arbitration Act 1996; Mustill & Boyd, Commercial Arbitration: Companion Volume (London, 2001), 21, 371.
42 Negotiation as a Condition Precedent to Arbitration. In Emirates Trading Agency LLC v. Prime Mineral Exports Private Ltd (2014)97 Teare J upheld a negotiation clause (forming part of a wider dispute resolution clause), restricted to a ﬁxed period of 4 weeks, requiring the parties to conduct ‘friendly’ negotiations as the mandatory prelude to commencing arbitration proceedings. He decided that the negotiation clause operates as a condition precedent to valid arbitral proceedings. But he held that, on the facts, there had been no failure to comply with this requirement.
Arbitration and Contract Law: Common Law Perspectives by Neil Andrews