Read e-book online Arbitration and Contract Law: Common Law Perspectives PDF

By Neil Andrews

ISBN-10: 3319271423

ISBN-13: 9783319271422

ISBN-10: 331927144X

ISBN-13: 9783319271446

This booklet bargains with the contractual platform for arbitration and the applying of contractual norms to the events' dispute.

Arbitration and contract are inter-linked in 3 respects: (i) the contract to arbitrate is itself a freelance; (ii) there's scope (subject to transparent consensual exclusion) in England for tracking the arbitral tribunal's constancy and accuracy in making use of significant English agreement legislations; (iii) the subject-matter of the arbitration is sort of consistently a ‘contractual’ subject. those 3 components underlie this paintings. they seem as half I (arbitration is based on agreement), half II (monitoring accuracy), half III (synopsis of the English contractual principles usually encountered inside arbitration).

The publication may be an invaluable source to overseas attorneys or English non-lawyers, English attorneys looking a succinct dialogue, and to arbitral tribunals.​

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Additional resources for Arbitration and Contract Law: Common Law Perspectives

Example text

37 Section 5(2)(c), ibid; section 5(4) explains that this can be an oral agreement which is (1) recorded by one party, or (2) by a third party, where (1) or (2) occurs with the authority of the parties to the agreement. Query whether all the terms have to be evidenced in writing? Such a view was taken on identical wording in another context in RJT Consulting v. DM Engineering (Northern Ireland) Ltd [2002] EWCA Civ 270; Carillion Construction Ltd v. Devonport Royal Dockyard Ltd [2005] EWCA Civ 1358.

02. 77 Sulamerica Cia Nacional de Seguros SA v. Enesa Engenharia SA [2012] EWCA Civ 638; [2012] 1 Lloyd’s Rep 671; [2012] Lloyd’s Rep IR 405, at [5], [40], [41], demonstrates that an arbitration clause will take precedence, even though there is a co-existing jurisdiction clause; in this case the Court of Appeal held that the arbitration clause covered both disputes concerning liability and quantum of damages; the jurisdiction clause nominating Brazilian courts had to yield to this London arbitration clause.

And so the relevant arbitration (held in London, commenced in June 2010, before a three member panel, and under ICC rules) had been commenced validly. 99 If compensation is sought, damages for loss of a chance are available. Teare J distinguished100 Walford v. Miles (1992)101 in which the House of Lords had held that an agreement to negotiate in good faith or reasonably was void for uncertainty. The Walford case had been concerned with a negotiation commitment within an agreement which was ‘subject to contract’, the main agreement not yet having been established.

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Arbitration and Contract Law: Common Law Perspectives by Neil Andrews


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