Arbitration and contract law : common law perspectives
- Neil Andrews.
- [Cham], Switzerland : Springer, 
- Copyright notice
- Physical description
- xiv, 342 pages ; 25 cm.
- Ius gentium (Dordrecht, Netherlands) ; v. 54.
- Andrews, Neil (Barrister), author.
- Includes bibliographical references and index.
- The landscape of international commercial arbitration
- Arbitration agreements : validity and interpretation
- "The seat" and the laws affecting the arbitration
- Upholding the agreement to arbitrate
- Appointing the tribunal
- The tribunal’s integrity: impartiality and procedural responsibilities
- Confidentiality and the arbitral process
- Awards disclosing errors of English law
- Refusal to give effect to foreign awards
- Sources and general principles of English contract law – Validity
- Misrepresentation and coercion
- Terms and variation
- Interpretation of written contracts – Breach
- Frustration and termination by notice
- Remedies for breach of contract.
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a 'contractual' matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.
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- Publication date
- Copyright date
- Ius gentium : comparative perspectives on law and justice, 1534-6781 ; volume 54
- 3319271423 (hardback : acid-free paper)
- 9783319271422 (hardback : acid-free paper)
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