Arbitration and Contract Law

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).

The
book will be a useful resource to foreign lawyers or English non-lawyers,
English lawyers seeking a succinct discussion, and to arbitral tribunals.

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.