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:
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.
"This latest edition of Merkin and Flannery has changed radically in both style and sophistication – it heralds the start of a new arbitration law opus. In common with its predecessors, this edition is the first place to turn for the most comprehensive analysis of the provisions of the Arbitration Act 1996, relevant case law and the interplay of the various relevant sources on the Act (for example the DAC Reports, the CPR and the UNCITRAL Model Arbitration Law). However, this fifth edition goes beyond the previous erudite offerings and includes a successful attempt to clarify the underlying legal bases, principles and practice in arbitration law as it pertains to England and Wales." - Stuart Dutson, head of Eversheds’ International Arbitration Group, London, UK
"This edition can only be seen as a major success. So much so that only the bravest international practitioner whose practice touches London will neglect the immediate acquisition of this essential resource for his or her bookshelf. The wisest will keep it within easy reach." - J William Rowley QC of 20 Essex Street in London
"Merkin and Flannery contains an interesting, comprehensive and sometimes racy discussion of section 66 in relation to the enforcement of an award, including an account of the origin of the arbitration exception in the Brussels Jurisdiction Regulation and the subsequent caselaw." - Ian Gaunt for London Maritime Arbitrators Association Summer Newsletter 2014
Part 1 Introduction
Part 2 The Arbitration Act 1996
Part I. Arbitration Pursuant to an Arbitration Agreement Part II. Other Provisions Relating to Arbitration Part III . Recognition and Enforcement of Certain Foreign Awards Part IV. General Provisions Schedules: Schedule 1. Mandatory Provisions of Part I Schedule 2. Modification of Part I in Relation to Judge-Arbitrators Schedule 3. Consequential Amendments Schedule 4. Repeals
Arbitration has become increasingly popular in the field of dispute resolution; this series expands on the expertise that we have developed in this area, and provides you with a dedicated library of commercial arbitration titles. Specifically designed for commercial practitioners and arbitrators, this series offers analysis and guidance on the very latest issues in the field.