Arbitration And Contract Law: Common Law Perspectives (ius Gentium: Comparative Perspectives On Law And Justice)
by Neil Andrews /
2016 / English / PDF
6.4 MB Download
This book deals with the contractual platform for arbitration and
the application of contractual norms to the parties' dispute.
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).
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.
The book will be a useful resource to foreign lawyers or
English non-lawyers, English lawyers seeking a succinct discussion,
and to arbitral tribunals.
