Overview
- Provides a succinct analysis of English contractual doctrines widely treated during arbitration
- First work to examine both the contractual basis of arbitration and the leading English doctrines of contract law in arbitration
- Contains useful non-English comparisons?
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 54)
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Table of contents (17 chapters)
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Front Matter
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Arbitration: A Consensual Process
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Front Matter
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Monitoring the Tribunal’s Application of Contract Law
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Front Matter
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Central Contractual Doctrines
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Front Matter
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Keywords
- Arbitral Errors of Contract Law in English Courts
- Arbitral Errors of Contract Law in Foreign Recognition
- Arbitration Agreements
- Arbitration and Contract
- Arbitration, Contract, and Conflicts of Law
- Breach of Contract
- Contract Law and Arbitration
- Contract and The Substance of the Dispute
- Contractual Platform for Arbitration
- Enforcement of Awards
- English Contract Law
- Formation of Contract
- Judicial Enforcement of the Commitment to Arbitrate
- Obligations Assumed By Arbitrators
- Substantive Contract Law
- Variation, Breach, and Termination
About this book
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).
Authors and Affiliations
Bibliographic Information
Book Title: Arbitration and Contract Law
Book Subtitle: Common Law Perspectives
Authors: Neil Andrews
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-27144-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-27142-2Published: 26 April 2016
Softcover ISBN: 978-3-319-80081-3Published: 22 April 2018
eBook ISBN: 978-3-319-27144-6Published: 18 April 2016
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XIV, 342
Topics: Private International Law, International & Foreign Law, Comparative Law , Civil Law