Book description
With the development of international arbitration globally and London as a leading arbitration centre, the need for knowledge of the subject extends to a wider legal audience. A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration with a London seat. It explores on a stage-by-stage basis the tactical, procedural and legal issues that need to be considered in an international arbitration in London from the perspective of the arbitral process, including its relationship with the support given by the English courts. The book also examines the role of the English courts in assisting foreign arbitrations.
Table of contents
- Cover
- Title
- Copyright
- Dedication
- Preface
- Contents
- Table of Cases
- Table of Legislation, Conventions and Rules
- Introduction
- 1. SOME RELEVANT ASPECTS OF THE ENGLISH LEGAL SYSTEM AND PRACTICE
- 2. OVERVIEW OF THE ADVANTAGES AND DISADVANTAGES OF INTERNATIONAL ARBITRATION COMPARED WITH OTHER FORMS OF DISPUTE RESOLUTION
-
3. UNDERSTANDING ARBITRATION CLAUSES
- Introduction
- The basic essentials of an arbitration clause
- Arbitral institution, independent rules or ad hoc
- The tribunal
- The seat of the arbitration
- The applicable law
- The language
- Time limits and pre-conditions to commencement of arbitration
- Additional possible exclusions and inclusions
- Defective or pathological arbitration clauses
-
4. THE SCOPE OF THE ARBITRATION CLAUSE
- Introduction
- Whether the dispute is covered by the clause
- Set-offs and counterclaims
- The parties to the arbitration agreement
- Non-signatories and third parties
- Assignees and insurers
- States
- Consolidation and concurrent hearings
- Other issues relating to parties
- How the parties should approach such issues
- Availability of remedies
- 5. CHOOSING THE TRIBUNAL AND THE LEGAL TEAM
- 6. ACTIVITY AND CONSIDERATIONS PRIOR TO COMMENCING AN ARBITRATION
- 7. FIRST STEPS IN THE PROCESS
-
8. ACTIVITY AND CONSIDERATIONS FOLLOWING THE FORMATION OF THE TRIBUNAL
- Introduction
- Initial general communications and directions by the tribunal
- Non-participating parties
- Terms of Reference
- Bifurcation and preliminary issues
- Security for costs
- Preservation of evidence and other interlocutory applications
- An order limiting recoverable costs and other protective measures as to costs
- Exclusion of recourse to the courts
-
9. JURISDICTION
- Introduction
- The autonomy of the arbitration agreement
- The effect of delay in raising jurisdictional issues
- The powers of the tribunal
- The powers of the court prior to an award
- Applications to the court for determination of a preliminary point of jurisdiction
- Application to the court by a respondent for a declaration or injunction
- Appeals and challenges to the award
- 10. DIRECTIONS AND TIMETABLE
- 11. APPLICATIONS TO THE COURT PRIOR TO THE HEARING
- 12. ONGOING ISSUES AND PREPARING FOR THE HEARING
- 13. HEARINGS
- 14. AWARDS
- 15. CHALLENGES TO AN AWARD AND APPEALS GENERALLY
- 16. ENFORCEMENT OF AN ENGLISH OR FOREIGN AWARD
- 17. INVESTMENT TREATY ARBITRATION
- A. Arbitration Act 1996
- B.1 Index to Comparison of the Rules of the LCIA, ICC, ICDR and UNCITRAL.
- B.2 Index of the LCIA, ICC, ICDR and UNCITRAL Rules in numerical order
- B.3 Comparison of the Rules of the LCIA, ICC, ICDR and UNCITRAL
- C.1 CPR Part 62: Arbitration Claims
- C.2 CPR Part 62 Practice Direction (and forms N8, N8A, N8B and N15)
- D. The Admiralty and Commercial Courts Guide—Sections F and O
- E. IBA Rules on the Taking of Evidence in International Commercial Arbitration
- F. The Chartered Institute of Arbitrators: Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration
- G. The New York Convention
- Glossary
- Index
Product information
- Title: A Practical Guide to International Arbitration in London
- Author(s):
- Release date: July 2013
- Publisher(s): Informa Law from Routledge
- ISBN: 9781135133573
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