Arbitration Practice and Procedure

Author: D. Mark Cato
Publisher: Informa Law
ISBN: STANFORD:36105060713182
Release Date: 2002-01
Genre: Law

This edition provides an up-to-date and practical guide to the Arbitration Act 1996. It examines the problems encountered on a day- to-day basis by professional advisers, lawyers, arbitrators, expert witnesses and parties to arbitration.

Privity of Contract The Impact of the Contracts Right of Third Parties Act 1999

Author: Robert Merkin
Publisher: Taylor & Francis
ISBN: 9781317912378
Release Date: 2013-07-24
Genre: Law

Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.

Commercial Agents and the Law

Author: Séverine Saintier
Publisher: Taylor & Francis
ISBN: 9781351571562
Release Date: 2017-09-25
Genre: Law

Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.

Freezing and Search Orders

Author: Mark Hoyle
Publisher: Taylor & Francis
ISBN: 9781351566490
Release Date: 2017-09-25
Genre: Law

This book provides a solid, accurate, and helpful practical reference to those seeking interim relief orders, or fighting them, and to show how they can be flexible to protect legal rights and achieve a cost effective practical result in litigation and arbitration. Litigation and any other form of dispute resolution is redundant if the winning party cannot enforce its judgment or award, or cannot hold the position between the parties in the interim before a decision is made. The theory of who should win needs to give way to the practical, but often complicated, task of ensuring that all relevant evidence is before the decision-maker (judge or arbitrator) and that the potential fruits of a favourable decision are not dissipated to leave the winner without financial or practical recourse. This practitioner's guide enables you to protect your client's position in litigation or arbitration, and ensures that success in court is not hampered by destruction of evidence, or does not lead to an expensive hollow victory because no funds or assets are available.

Singapore Arbitration Legislation

Author: Robert Merkin
Publisher: CRC Press
ISBN: 9781317624813
Release Date: 2016-01-29
Genre: Law

The book provides a comprehensive and in depth guide to the regulatory framework in Singapore, the first of its kind for the foremost jurisdiction for international arbitration in the Asia-Pacific geographic zone. It is designed with practitioners in mind and provides terse and specific but detailed and well-informed commentary to each of the sections in the applicable arbitration acts. The book sets out and annotates the two legislative acts applicable to arbitration in Singapore, as well as the Singapore International Arbitration Centre Rules. It also contains a few international documents including the Uncitral Model Law and the New York Convention.

London Maritime Arbitration

Author: Clare Ambrose
Publisher: Taylor & Francis
ISBN: 9781317213567
Release Date: 2017-08-15
Genre: Law

Now in its fourth edition, this book provides detailed and practical guidance on how London Maritime Arbitration works in practice, against the background of English arbitration law and the Arbitration Act 1996.? This unique title is the only book on the market that offers a practical focus on maritime disputes, while also providing a clear exposition of general principles of English arbitration law, with discussion and analysis of applicable legislation and case law. Arbitration practitioners will find everything that they need in one comprehensive book.? New to this edition: Guidance on the new LMAA Terms 2017 against the background of English arbitration law, including the Arbitration Act 1996. Fully updated case law and analysis of legal developments, including Brexit. Comparative references to ad hoc and LCIA arbitration. New section on salvage arbitration, Brexit, third party funding. Summaries comparing alternative jurisdictions including Singapore, Hong Kong, Hamburg and New York This book will be invaluable to maritime arbitration practitioners both in private practice and in-house, as well as maritime professionals, such as those working at P&I Clubs, brokers, ship owners, managers and charterers; and more generally to anybody concerned with London arbitration.

Arbitration Act 1996

Author: Robert Merkin
Publisher: CRC Press
ISBN: 9781317819028
Release Date: 2014-03-14
Genre: Law

This book is an essential resource for any legal practitioner involved in any aspect of English arbitration law. It provides a thorough annotation of the Arbitration Act 1996, and contains comprehensive explanations of developments in the relevant case law to each section of the Act. Since the fourth edition of this book, the English courts have decided many important new cases on virtually every aspect of arbitration law. The most important developments relate to: The growth of anti-arbitration injunctions; The use of freezing injunctions against third party assets and the availability of anti-suit injunctions in EU proceedings; The definition of seat, the appointment of arbitrators, choice of applicable law, jurisdiction, the form of the award and the slip rule; Enforcement of foreign awards, and challenges to domestic awards by way of jurisdictional attacks, serious irregularity or error of law In this 5th edition, the notes to each section contain helpful sub-headings and a new Appendix will contain a fully annotated version of CPR Part 62 and the Practice Direction. The book will also be useful for academics and university students of law at all levels seeking an understanding of the 1996 Act, including those on the Legal Practice Course.

Limitation of Actions

Author: David W. Oughton
Publisher: Informa Law
ISBN: STANFORD:36105060369415
Release Date: 1998-01-01
Genre: Law

This work is an analysis of the law relating to limitation of actions. The authors have approached this work by setting out general matters such as the relationship between statutes of limitation and equitable principles on the matter of delay in instituting proceedings the generalities of accrual of a cause of action and the relationship between limitation periods and rules of pleading and procedures. The bulk of the text sets out the particular difficulties encountered in particular areas of civil litigation. For these purposes it includes specific sections on contracts and commercial law, tort, restitutionary claims and actions in respect of real and personal property. While these four broad areas cover the majority of limitation issues, the problem with the subject generally is that there is such a diverse range of statutory limitation periods that there are some limitations upon a legal remedy which do not readily fall into the four categories referred to above and are dealt with separately. Finally, it analyses the issues arising from the burgeoning case law on the matter of prevention, extension and postponement of limitation periods

Transnational Construction Arbitration

Author: Renato Nazzini
Publisher: Taylor & Francis
ISBN: 9781351984065
Release Date: 2017-12-06
Genre: Law

Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.

Confidentiality in International Commercial Arbitration

Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
ISBN: 3642102247
Release Date: 2010-03-10
Genre: Law

Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

Asset Recovery Handbook

Author: Jean-Pierre Brun
Publisher: World Bank Publications
ISBN: 0821386352
Release Date: 2011-01-18
Genre: Business & Economics

This handbook is designed as a 'how-to' manual that guides practitioners as they grapple with the strategic, organizational, investigative, and legal challenges of recovering assets that have been stolen by corrupt leaders and hidden abroad.

Rules of Evidence in International Arbitration

Author: Nathan D O'Malley
Publisher: Taylor & Francis
ISBN: 9781317974789
Release Date: 2013-06-19
Genre: Law

Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.