Arbitration and Contract Law Common Law Perspectives

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).

Preface.- Part I.- Arbitration: A Consensual Process.- 1.The Landscape of International Commercial Arbitration.- 2. Arbitration Agreements: Validity and Interpretation.- 3. The `Seat’ and the Laws Affecting the Arbitration.- 4. Upholding the Agreement to Arbitrate.- 5. Appointing the Tribunal.- 6. The Tribunal’s Integrity: Impartiality and Procedural Responsibilities.- 7. Confidentiality and the Arbitral Process.- Part II.- Monitoring the Tribunal’s Application of Contract Law.- 8. Awards Disclosing Errors of English Law.- 9. Refusal to Give Effect to Foreign Awards.- Part III.- Central Contractual Doctrines.- 10. Sources and General Principles of English Contract Law.- 11. Validity.- 12. Misrepresentation and Coercion.- 13. Terms and Variation.- 14. Interpretation of Written Contracts.- 15. Breach.- 16. Frustration and Termination by Notice.- 17. Remedies for Breach of Contract.- Index.