Arbitration of Commercial Disputes
International and English Law and Practice
By: Andrew Tweeddale, Keren Tweeddale
This significant work is now reissued in paperback, without appendices. The text provides a detailed yet clear and accessible guide to English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles of arbitration law that are common to all jurisdictions, and show how some principles of arbitration law are treated differently in various jurisdictions. The bookalso examines some of the key jurisprudential questions, such as whether an international commercial arbitration is anchored to the place or seat of the arbitration, whether an arbitral award can be enforced even it has been annulled, and the continuing development and use of the lex mercatoria to resolve international commercial arbitrations. The sections on English arbitration law are structured around the provisions of the English Arbitration Act 1996. The work examines in turn the parties to the arbitration, the arbitration agreement, the powers and jurisdiction of the arbitral tribunal, the making of an award and its enforcement. In order to assist practitioners the authors have particularly focused on areas of the law which have changed over recent years and which are still developing. The book gives detailed analysis of court decisions and trends in areas where no clear authority exists, such as in the incorporation of arbitration clauses, and the drafting of arbitrationnotices. The book also deals thoroughly with costs and appeals. The final section of Arbitration of Commercial Disputes provides a comprehensive set of precedents. The precedents section includes both standard arbitration clauses and bespoke agreements, plus examples of clauses dealing with other forms of ADR prior to arbitration. There are also a number of procedural precedents including a set of Terms of Reference, Directions and a confidentiality agreement. There is finally a set of Awards and a section on applications to the English courts.
AI Overview
The book "Arbitration of Commercial Disputes: International and English Law" by Andrew G. Tweeddale provides a comprehensive analysis of arbitration law, focusing on both international and English jurisdictions. Here is a detailed overview of the book:
Key Themes
- International and English Arbitration Law: The book thoroughly examines the principles and practices of arbitration in both international and English contexts, making it relevant to readers from any jurisdiction.
- Modern Case Law: It deals comprehensively with all modern case law related to commercial arbitration, ensuring that the information is up-to-date and practical.
- Practical Guidance: The book is described as a one-stop guide to international commercial arbitration, providing practical guidance for those involved in arbitration proceedings.
Plot Summary
The book does not have a narrative plot but rather a structured analysis of arbitration law. It covers various aspects of arbitration, including the parties involved, the arbitration process, and the legal implications of arbitration awards. The focus is on providing a detailed understanding of the legal framework governing commercial disputes through arbitration.
Critical Reception
- Ratings and Reviews: On Goodreads, the book has a rating of 4.33 out of 5 stars based on 6 ratings, although there are no reviews available yet.
- Author's Background: Andrew G. Tweeddale is also an author of fiction, having written "Of All Faiths & None," an anti-war novel set between 1910 and 1917. This background might not directly influence the reception of "Arbitration of Commercial Disputes," but it adds to his diverse literary profile.
Additional Information
- Publication Details: The book was first published in February 2005 by Oxford University Press.
- Target Audience: The book is designed to be accessible to readers from any jurisdiction, making it a valuable resource for legal professionals, students, and anyone interested in commercial arbitration.
In summary, "Arbitration of Commercial Disputes" by Andrew G. Tweeddale is a comprehensive legal text that provides practical guidance on international and English arbitration law, making it a valuable resource for those involved in commercial disputes.