Arbitration and contract law : common law perspectives
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Bibliographic Information
Arbitration and contract law : common law perspectives
（Ius gentium : comparative perspectives on law and justice, v. 54）
Springer, c2016
- : [pbk.]
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
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.
Table of Contents
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.
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