By: Peter Ashford
This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.
The "Handbook on International Commercial Arbitration" by Peter Ashford is a comprehensive guide for practitioners in the field of international commercial arbitration. Here is a detailed overview of the book:
Scope of Arbitration: The handbook covers the scope of what claims may be arbitrated, providing a clear understanding of the types of disputes that can be resolved through arbitration.
Separability: It discusses the principle of separability, which is crucial in distinguishing between the arbitration agreement and the main contract.
Proper Law and Seat: The book delves into the proper law and the seat of arbitration, which are essential concepts in determining the applicable law and jurisdiction in international arbitration.
Conditions Precedent: It examines the conditions precedent to a reference, including issues related to the validity of the arbitration agreement and the commencement of arbitration proceedings.
Representation and Parties: The handbook covers representation in arbitration, including the roles and responsibilities of parties, counsel, and arbitrators.
Insolvency and Independence: It addresses insolvency issues and the importance of maintaining the independence of the arbitral tribunal.
Counsel, Conflict Issues, and Ethics: The book discusses the role of counsel, conflict issues, and ethical considerations in international commercial arbitration.
Costs in Arbitration: It provides detailed information on costs in international arbitration, including security for costs, costs orders, and assessing the amounts of costs.
Preliminary Meetings and Duties of the Tribunal: The handbook covers preliminary meetings and the duties and obligations of the arbitral tribunal, including emergency arbitrators.
Discontinuance and Costs Orders: It addresses issues related to discontinuance and costs orders, as well as the costs of applications and references.
The book is structured to guide practitioners through the practical aspects of international commercial arbitration. It starts with an overview of what claims may be arbitrated and then delves into specific chapters that cover various aspects of the arbitration process. The chapters are designed to be comprehensive and practical, providing detailed information on each topic.
While there is no specific critical reception available in the search results, the book's structure and content suggest that it is well-regarded in the field of international commercial arbitration. The detailed coverage of practical minefields and the inclusion of appendices with laws and regulations indicate that it is a valuable resource for practitioners.
The "Handbook on International Commercial Arbitration" by Peter Ashford is a seminal work in the field, providing a comprehensive guide for practitioners navigating the complexities of international commercial arbitration. Its detailed coverage and practical approach make it an essential resource for lawyers, counsel, and arbitrators.