The Arbitration Act 1996 A Commentary

When first published, The Arbitration Act 1996: A Commentary was described by Lord Bingham as "intensely practical and admirably user-friendly". It remains the most readable, useful, practical and user-friendly guide to the Arbitration Act 1996.

The courts – particularly the Commercial and the Technology & Construction Courts – continue to grapple with many questions relating to the Act, with many judgments reported since the previous edition was published. While many of these do not add to the wisdom on this legislation, for the fifth edition the authors have considered some 330 new cases, resulting in extensive changes throughout much of the commentary. Many of the cases going to court concern challenges to awards and as a result the commentary on the relevant sections of the Act (ss. 67, 68, 70 and 72) has been subject to very substantial revision indeed. The details of all of these changes are of great importance to practitioners, whether lawyers or arbitrators.

In addition there have been some significant changes to the Model Law since publication of the previous edition, which are fully documented and commented upon. Alterations to the CPR, the new UNCITRAL Rules (2010), the new ICC Rules (2012) and the new ICE Arbitration Procedure (2010) are also covered.

Written by three practising arbitrators, the fifth edition continues to be the essential handbook for all concerned with English arbitration.

Bruce Harris is a full-time commercial and maritime arbitrator who has been involved in close to 10000 arbitrations and made more than 2000 awards.

Rowan Planterose is a former practising barrister, now a solicitor, Chartered Arbitrator, adjudicator and a partner at DAC Beachcroft LLP.

Jonathan Tecks is a barrister, Chartered Arbitrator and mediator, with a dispute resolution practice covering a broad range of construction, property and commercial matters

Biographical Note viii

Foreword to Fifth Edition ix

Preface to Fifth Edition xi

References and Abbreviations xiii

1. Materials 1

A. Arbitration Clauses 1

B. Agreements Prior to or on Constitution of Arbitration 3

C. Agreements as to Tribunal and Court Powers 8

D. Checklist for Preliminary Meetings 10

E. Agreement with Arbitrator on Resignation 13

F. Checklist for Awards 14

G. Agreements as to Costs 16

H. General Note on Arbitration Claims 17

2. The Arbitration Act 1996 21

Text of the Act and Commentary 21

Arrangement of Sections 23

3. Appendices 509

The Arbitration Act 1996 (Commencement No. 1) Order 1996 511

The Unfair Terms in Consumer Contracts Regulations 1999 513

The Arbitration Act 1950, Part II 523

Table of Cases 531

Index to Commentary 547

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