This book is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions.
Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability.
The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judges who are involved in the practice of arbitration (whether domestic or international). It is also aimed at UK and international students of international arbitration, especially in relation to the sections with comparative legal analysis and comprehensive discussions on the interaction between the Arbitration Act 1996 and institutional arbitration rules.
Erratum: The authors regret that the new version of the LCIA Rules will not now be published (or be applicable) until early 2020, due to unexpected circumstances. It is understood that those Articles referred to in the text as the 2019 Rules will remain unchanged, albeit that the Rules when in force should be and will be cited as the 2020 LCIA Rules. The authors accept responsibility for and apologise for this error.
Table of Contents
Part I Background to the Arbitration Act 1996. Part II Other provisions relating to arbitration. Part III Recognition and enforcement of certain foreign awards. Part IV General provisions.
Robert Merkin QC is Professor of Commercial Law at the University of Exeter and Special Counsel, Duncan Cotterill, New Zealand. He specialises in insurance, reinsurance and arbitration and has written over 40 books on those subjects, and his works have been cited on numerous occasions in a number of different jurisdictions. He is co-editor of the Lloyd’s Law Reports, author of Arbitration Law and Singapore Arbitration Law and editor of Arbitration Law Monthly and Insurance Law Monthly. Rob is a regular presenter at conferences in the UK and internationally. He is past president of the British Insurance Law Association and honorary life president of the International Association of Insurance Law (AIDA). He sits as an arbitrator and has given expert evidence on English law in numerous arbitration and judicial proceedings.
Louis Flannery QC is the head of international arbitration at Stephenson Harwood LLP in London. He specialises in arbitration and litigation with a particular emphasis on fraud and/or conflict law issues. Louis is a regular speaker on arbitration and civil fraud at conferences all over the world. He has extensive experience of international commercial arbitration of all forms, whether ad hoc or under the major institutional rules (DIAC, ICC, LCIA, UNCITRAL, SCC) as well as substantial High Court litigation in England. Louis was named as a leading international arbitration practitioner in "Who's Who Legal: Arbitration Lawyers 2018" and is on the Legal 500 2019 "Powerlist" for International Arbitration. Louis was made Queen's Counsel in 2018, and regularly undertakes advocacy before international tribunals and in the High Court and Court of Appeal.