Russell on Arbitration 33rd Edition by David St John Sutton, Judith Gill, Matthew Gearing ISBN 978-9386374578 041404505X
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ISBN 10: 041404505X
ISBN 13: 978-9386374578
Author: David St John Sutton, Judith Gill, Matthew Gearing
Principle reference work on arbitration in England and Wales written to guide the practitioner step-by-step through all stages of an arbitration, from drafting the arbitration agreement or clause through to enforcement and methods in which to appeal the award. It provides a concise analysis of the Arbitration Act 1996 and latest case law developments, alerting practitioners to potential traps.
Table of contents:
Chapter 1.
Introduction
1. Arbitration law
2. Arbitration and its features
3. The arbitral tribunal.
4. The role of the English court
5. The advantages of arbitration
6. The disadvantages of arbitration
7. Matters referred and referable to arbitration
8. The sources of arbitration law
9. Developments in arbitration law
10. Summary of following chapters
Chapter 2.
The arbitration agreement
1. Introduction
2. What is an arbitration agreement?
3. Form of an arbitration agreement
4. Content of an arbitration agreement
5. Laws to be applied to an arbitration
6. Termination of the arbitration agreement
Chapter 3.
Parties and institutions
1. Introduction
2. Parties
3. Individuals under disability
4. Corporate bodies
5. Partnerships and unincorporated associations
6. Third parties
7. Substituted parties
8. Agents and lawyers
9. Executors, administrators and trustees
10. Insolvent individuals and companies
11. States, state entities and public authorities
12. International organisations
13. Multi-party disputes
14. Arbitral institutions
Chapter 4.
The tribunal
1. Introduction
2. Definitions
3. Qualifications of an arbitrator
+. Appointment of an arbitral tribunal
5. Remuneration of an arbitral tribunal
6. Powers of arbitral tribunals
7. Duties of an arbitral tribunal
8. Liabilities of arbitrators
9. Challenge and termination of authority of arbitrators.
Chapter 5.
Conduct of the reference
1. Introduction
2. Commencing the arbitration
3. Duties of the tribunal in relation to the conduct of the reference
4. Preliminary considerations
5. Ascertaining the procedure
6. The hearing
7. Termination of the reference
Chapter 6.
The award
1. Introduction
2. Formal requirements of award
3. Substantive requirements of award
4. Relief and remedies available to the tribunal
5. Costs
6. Effect of an award
Chapter 7.
The role of the court before and during the arbitration
1. Introduction
2. Staying court proceedings
3. Injunctions to restrain arbitrations.
4. Extension of time
5. Appointment of an arbitrator or umpire
6. Removal of the tribunal, resignation and revocation of authority
7. Determining disputes about the tribunal’s jurisdiction during the arbitration
8. Determination of questions of law during the arbitra-tion
9. Court’s powers to issue injunctions and make other orders in relation to arbitral proceedings
10. Determination of the recoverable costs of the arbitra-tion
Chapter 8.
The role of the court after the award
1. Introduction
2. Enforcement of awards
3. Recognition and enforcement of certain foreign awards
4. Challenge of awards
5. Challenge of substantive jurisdiction
6. Challenge of serious irregularity causing substantial injustice
7. Appeal on question of law
8. Orders in respect of challenges and appeals
9. Procedure for arbitration applications
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