The Law and Practice of Commercial Arbitration in England

"The Law and Practice of Commercial Arbitration in England" by Sir Michael J. Mustill and Stewart C. Boyd is a seminal work in the field of commercial arbitration, providing a comprehensive guide to the legal and practical aspects of arbitration in England. Here is a detailed overview of the book:

Key Themes

1. Agreement to Arbitrate: The book begins by discussing the agreement to arbitrate, including the formation of the arbitration clause and its implications.
2. Arbitration Reference: It delves into the arbitration reference process, covering the appointment of arbitrators, their rights and duties, and the conduct of the reference.
3. Arbitrators’ Rights and Duties: The authors extensively cover the qualifications, capacity, and impartiality of arbitrators, as well as their roles and responsibilities during the arbitration process.
4. Award and Enforcement: The book explains the process of making an award, including the challenges and problems that may arise, and the mechanisms for enforcing the award.
5. Court Remedies and Appeals: It discusses court remedies during the arbitration process and the procedures for appealing arbitration awards.

Plot Summary

The book is structured chronologically, starting with the agreement to arbitrate and progressing through the arbitration reference, the arbitrators’ roles, the award process, and finally addressing court remedies and appeals. The authors provide a detailed analysis of each stage, incorporating a large body of case law to ensure the text remains up-to-date and relevant.

Critical Reception

1. Academic and Professional Praise: The book is widely regarded as a must-have for any serious commercial law library. It is considered essential for practitioners advising on procedural points arising in an arbitration context.
2. Revisions and Updates: The second edition of the book has undergone significant revisions, incorporating new case law and updates to reflect changes in the legal landscape. This ensures that the text remains authoritative and relevant for practitioners.
3. Suggestions for Future Editions: Some reviewers suggest that future editions could benefit from additional chapters on non-commercial arbitration cases and a summary of powers that parties might confer on arbitrators by contract. Additionally, including key precedents or Practice Directions texts could enhance the book's utility.

Publication Details

• First Edition: Published in 1982 by Butterworths.
• Second Edition: Although not explicitly mentioned in the sources, it is implied that a second edition exists, given the suggestions for future editions and the publication date of 2021 for a new edition.

Overall, "The Law and Practice of Commercial Arbitration in England" by Sir Michael J. Mustill and Stewart C. Boyd is a foundational text in the field, providing a comprehensive and authoritative guide to commercial arbitration in England. Its critical reception highlights its importance as a reference for practitioners and scholars alike.