Law Arbitration / Mediation / Litigation Law

Mustill & Boyd: Commercial and Investor State Arbitration, 3rd Edition

By Justice David Foxton
LexisNexis U.K. December 2024

Specifications

ISBN-13
9781405719629
Publisher
LexisNexis U.K.
Publication
December 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Previously known as Mustill & Boyd: Commercial Arbitration, this invaluable title includes in-depth discussion from an international perspective of the principles of commercial arbitration (and investment-state arbitration) with a principal focus on English law and practice but with extensive reference to the law of other major arbitral jurisdictions, including Singapore, Hong Kong, France and Australia, and to the rules of major arbitral institutions.

It combines expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act both in arbitration and in court. The commentary seeks to identify, analyse and offer answers to points of potential controversy. It discusses the forthcoming amendments to the Arbitration Act 1996 in the Arbitration Bill 2024 which followed on from the Law Commission review of the arbitration law of England, Wales and Northern Ireland.

Over twenty years have passed since the Companion to the Second Edition was published, this new edition has been completely rewritten to reflect expert consideration of the latest case law and proposed statutory reforms, while at the same time seeking to preserve the analytical strength and comprehensiveness of treatment which made the first two editions of this book an invaluable treatment of this important subject. In addition, the book now includes chapters considering the particular characteristics of institutional arbitration, and three chapters addressing investor-state dispute resolution, which has become increasingly important over the two decades since the 2001 Companion.

General Editor: Mr Justice David Foxton
Contributors: Siddharth Dhar KC; Ricky Diwan KC; Salim Moollan KC; Paul Tan; Peter Webster; Samuel Wordsworth KC

Table of Contents

Forward

Preface

Abbreviations

Table of Statutes

Table of Cases

Chapter 1

Introduction to Commercial and Investor State Arbitration

Chapter 2

Institutional Arbitration

Chapter 3

The Arbitration Agreement

Chapter 4

The Seat and Range of Relevant Laws

Chapter 5

Jurisdiction

Chapter 6

Court Enforcement and Support of Arbitration Agreements and Associated Relief

Chapter 7

Commencement of Arbitration and - Time Issues

Chapter 8

Appointment, Tenure and Immunities

Chapter 9

The Conduct of the Reference - The Arbitration in the Period Prior to the hearing

Chapter 10

Evidence in Arbitration

Chapter 11

The Hearing

Chapter 12

Arbitration Awards

Chapter 13

The Award of Costs

Chapter 14

Challenges to, and Appeals Against, Awards: Sections 67-69

Chapter 15

Arbitration Awards: Finality and Res Judicata

Chapter 16

Domestic Enforcement

Chapter 17

Recognition and Enforcement of Foreign Arbitral Awards Under the New York Convention (1958)

Chapter 18

Investor State Arbitration: Special Features

Chapter 19

Consent to Arbitration and Key Jurisdictional Issues

Chapter 20

Finality, Challenges and Enforcement

Appendix 1: Legislation affecting Arbitration

Appendix 2: New York Convention (1958)

Index

 

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