Title: Arbitration and contract law : common law perspectives /
Authors: Andrews, Neil
Year: 2016
Subjects: Arbitration and award England.; Contracts England.; International commercial arbitration.; Law; Civil law.; Conflict of laws.; Conflict of laws.; International law.; Comparative law.
Abstract: "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)." -- Back cover.
Contents: Part 1. Arbitration: a Consensual Process -- 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 -- Part 2. Monitoring the Tribunal’s Application of Contract Law -- Awards disclosing errors of English law -- Refusal to give effect to foreign awards -- Part 3. Central Contractual Doctrines -- 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.