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The Arbitration Act 1996: A Commentary, 5th Edition

The Arbitration Act 1996: A Commentary, 5th Edition

Author: Bruce Harris; Rowan Planterose; Jonathan Tecks
Publisher: Wiley-Blackwell
ISBN: 9780470673980
Published In: May 2014
Format: Paperback , 570 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The most readable, useful, practical and user-friendly guide to the Arbitration Act 1996.

The Arbitration Act 1996 is a section by section commentary on the Act, which Lord Bingham described as “intensely practical and admirably user-friendly” when it was first published. The fifth edition has been updated by considering in excess of 300 new cases decided since publication of the 4^th edition. In addition there have been some significant changes to the Model Law since publication of the previous edition, (which take it into areas where UK arbitration does not go), and these changes are documented, updated and commented upon. In previous editions, the authors have limited themselves to mentioning states conclusively declared to be parties to the New York Convention by Order in Council. This tends to follow some way behind the current position, however, so a more comprehensive coverage of states which are parties to the New York Convention is included. The result is a thorough update, providing the most readable and useful guide to the Act.

provides a section by section commentary on the Act and covers all the key cases
published in conjunction with the Chartered Institute of Arbitrators and used by them as a recommended training text
the bestseller of the four original guides to the 1996 Act
written by three practising arbitrators, two of whom are also practising barristers
‘There should not be a practitioner who does not have a copy…highly recommended.’ – Arbitration

Biographical Note viii

Foreword to Fifth Edition ix

Preface to Fifth Edition xi

References and Abbreviations xiii

1. Materials 1

A. Arbitration Clauses 1

B. Agreements Prior to or on Constitution of Arbitration 3

C. Agreements as to Tribunal and Court Powers 8

D. Checklist for Preliminary Meetings 10

E. Agreement with Arbitrator on Resignation 13

F. Checklist for Awards 14

G. Agreements as to Costs 16

H. General Note on Arbitration Claims 17

2. The Arbitration Act 1996 21

Text of the Act and Commentary 21

Arrangement of Sections 23

3. Appendices 509

The Arbitration Act 1996 (Commencement No. 1) Order 1996 511

The Unfair Terms in Consumer Contracts Regulations 1999 513

The Arbitration Act 1950, Part II 523

Table of Cases 531

Index to Commentary 547

Bruce Harris is a full-time commercial and maritime arbitrator who has been involved in close to 10000 arbitrations and made more than 2000 awards.

Rowan Planterose is a former practising barrister, now a solicitor, Chartered Arbitrator, adjudicator and a partner at DAC Beachcroft LLP.

Jonathan Tecks is a barrister, Chartered Arbitrator and mediator, with a dispute resolution practice covering a broad range of construction, property and commercial matters