Arbitration

Now in its 5th edition, Expert Determination looks at the process of submitting differences or disputes to a third party for a binding decision, where the third party decision-maker has not been appointed by the parties as an arbitrator. Expert Determination remains the only text exclusively written on the subject and has been referred to and endorsed in court judgments.  The book discusses the procedure followed in an expert determination, and the status and enforceability of the decision which is reached. The book also covers international use, explaining the pitfalls with regard to cross-jurisdictional issues and enforcement

Whether you are a party to a commercial contract, a barrister, a solicitor or a professional acting as an expert, this title will ensure that you gain a clear and practical working knowledge of expert determination.

The 5th edition considers cases decided by the courts since the last edition was published in 2008, which includes:

  • Barclays Bank Plc v Nylon Capital Llp, in which the Court of appeal considered the scope of the expert’s jurisdiction, and the part played by the court in deciding the extent of the expert’s jurisdiction.
  • Cream Holdings Ltd v Davenport.
  • Ackerman v Ackerman, which considered the expert’s duty to act fairly, and the consequences of failure by the expert to adopt a fair procedure where the court was satisfied that the decision would have been the same even if the procedure had been fair.
  • Issue estoppel in relation to the decision of an expert, in the light of Woodford Land Ltd v Persimmon Homes Ltd.
  • Wilky Property Holdings Plc v London & Surrey Investments Ltd, which discusses staying court proceedings relating to matters falling within an expert determination clause.
  • Cases in which a party has lost the right to challenge the decision by acting on the basis that the decision was a valid and binding decision.
  • PC Harrington Contractors Ltd v Systech International Ltd which studies whether an expert is entitled to be paid if the decision reached is unenforceable

 

The Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.

  • A detailed rule-by-rule analysis of the 2012 ICC Rules, prepared based on experience as arbitrators, counsel and as ICC Court members
  • Reviews the first two years’ practice under the 2012 Rules
  • Provides practical guidance with respect to conduct of proceedings with reference to procedure adopted in many recent ICC arbitrations, the IBA Rules on the Taking of Evidence in International Arbitration (2010), the IBA Rules on the Conflict of Interest in International Arbitration and the IBA Guidelines on Party Representation in International Arbitration
    Discusses the recent case law in major centres of arbitration, including Dallah in the UK and in France,SNF in France, Yukos OilC v DSulamérica in the UK, Oxford Health Plans and COMMISA in the USA
  • Discusses the new French Law on Arbitration
  • Reviews basic concepts in ICC arbitration such as:
    – how the ICC Court functions in its Plenary and Court Sessions
    the law applicable to and scope of the arbitration agreement
    – arbitrability in particular under US law
    – the differing approaches to nonsignatories under various national laws
    – annulment of Awards and enforcement of annulled awards
    – the role of the ICC as an arbitration institution
    – the role and liability of arbitrators
  • Provides examples of documents used in ICC Arbitration
  • Includes a copy of the relevant laws from France, Switzerland, England, the United States as well as the UNCITRAL Model Law and the New York Convention
  • Provides in one volume what is needed to conduct an ICC arbitration wherever it may be held

This highly practical guide offers clear step-by-step guidance on the arbitration process. Russell on Arbitration:

  • Explains clearly each stage of an arbitration, from the appointment of the tribunal and its powers, to the relief and remedies it may award
  • Covers the key features of arbitration agreements, including references to the ICC and LCIA rules
  • Examines, through expert commentary and analysis, the detailed provisions of the English Arbitration Act 1996 and case law since its introduction
  • Discusses the role of the English court during and after an arbitration, providing guidance on when the court can intervene in proceedings, enforce, and entertain a challenge to an award
  • Provides comparison between the Arbitration Act 1996 and the UNCITRAL Model Law, showing how and where they apply
  • Provides precedents to use for arbitration agreements and clauses
  • Includes useful checklists to ensure you cover every step in complex procedures
  • Provides all of the correct forms including those for notices of arbitration, the appointment of arbitrators during the reference, and awards and court forms
  • Includes a glossary of arbitration terms so you can check any unfamiliar terminology
  • Provides a list of appointing authorities, making it easy to find the correct details of contacts you may need to refer to
  • Offers a unique and comprehensive treatment of both jurisdiction and arbitration agreements and the enforcement of consequent judgments and awards
  • Covers all issues arising from jurisdiction, arbitration, mediation agreements in relation to commercial contracts
  • Looks at all aspects of enforcement from the grant of stay, to injunctive and declaratory relief and an action for damages
  • Includes an extensive treatment on the enforcement of judgments and awards
  • Supplies detailed guidance on the validity, scope, construction, incorporation and enforceability of mediation clauses in commercial contracts
  • Looks at the role of expert determination
  • Remedies including stay, anti-suit injunctions, resolution of clash of jurisdictions and the enforcement of judgments are assessed from both the EU and common law perspectives
  • Includes analysis of the important proposals for the reform of the Brussels I Regulation currently under discussion
  • Includes new statutory and arbitration material including the amendments to the UNCITRAL arbitration model law, a new EC regulation on mediation, and the finalized version of the Hague Convention
  • Covers the new Lugano Convention that came into force in January 2010
  • Covers all of the hundred or more important decisions of the English and European courts in this field since the last edition
  • Features a brand new chapter on the enforcement of arbitral awards under the New York Convention
  • Includes an expanded section on interim relief granted by arbitral tribunals covering the latest jurisprudence in investment treaty arbitration
  • Includes a new chapter on the enforcement of arbitration agreements involving States and State entities

International Commercial Arbitration and Conciliation in UNCITRAL Model Law Jurisdictions gives you complete coverage of UNCITRAL’s Model Law on International Commercial Arbitration and the Model Law on International Commercial Conciliation.

It covers all the information that you will need when contemplating arbitration in one of the “Model Law Countries” and enables you to ascertain what you can expect in each jurisdiction. .

    • Helps you understand the concepts behindthe formation of the Model Laws through article-by-article analysis

 

    • Reproduces the UNCITRAL Laws in full in the Appendices giving you easy and quick reference

 

    • Contains information on the decisions taken in Model Law jurisdictions and shows how they have been successfully enacted

 

    • Provides case law examples and charts detailing which articles have been adopted in each jurisdiction, helping you assess the law for the jurisdiction you are working in at a glance

 

    • Provides information for those states who are considering adopting the Laws

 

    • Covers the progress and gives details of the amendments to the Model Law allowing you `to trace developments

 

    • Updated with extensive commentary on the revised 2006-Model Law provisions on arbitration agreements and interim measures

 

    • Includes CLOUT case summaries for the first time

 

    • Highlights details of the new countries that have adopted the Model Laws since the 2nd edition

 

  • Features a first preview of the UNCITRALArbitration Rules 2010

In the highly regarded SULI series, arbitration provides a comprehensive account of the Scots law of arbitration following the groundbreaking Arbitration (Scotland) Act 2010. Expert author Professor Fraser Davidson covers all aspects of the law, not merely domestic but international arbitration, conducted in Scotland. His work here stretches beyond a simple account of the 2010 Act since one of its features is that parties to certain arbitrations can choose to be governed by the pre-Act law. The book covers the full spectrum of arbitration law as it applies in Scotland, including the UNCITRAL Model Law on International Commercial Arbitration. There is no more current and comprehensive work for the arbitration professional working in Scotland.

The Analytical Commentary to the UNCITRAL Arbitration Rules covers the following:

  • Presents article-by-article commentary on the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules 2009  and the UNCITRAL Conciliation Rules 1980
  • Aimed specifically at aiding you to understand, research and interpret the Rules
  • Concentrates on the issues most commonly encountered by practitioners in the field – both arbitrators/conciliators and counsels/advisors – when dealing with the Rules
  • Discusses the underlying concepts in drafting, and issues purposely left out of the text of the Rules themselves, and the “controversial issues”
  • Makes reference to other arbitration and conciliation-relevant contractual rules that were influenced by UNCITRAL
  • Covers the application of the Rules by tribunals such as the Iran-US Tribunal, in investment arbitration, etc
  • Includes worldwide case law on interpretation of the Rules
  • The author was a member of the UNCITRAL Working Group that drew up the revised Arbitration Rules