England is a leading centre for arbitration, both international and domestic, arising out of all manner of contractual disputes and industry sectors. This book comprises contributions from well-known arbitration practitioners and scholars who present, in a straightforward and readable fashion, the rich and varied nature of arbitration in England today. The early chapters describe the development of the arbitral system in England and its traditional leading institutions, the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb). They also provide a unique focus on the specialist areas of commodity, maritime, construction and sports arbitration. The remainder of the book deals with the law and practice of arbitration in England and concludes with two additional overview chapters relating to arbitration in Scotland and the Republic of Ireland respectively. Insightful and practical guidance is given in relation to a number of key areas, including: appointing and challenging arbitrators; applicable law and the influence of EU law; the role of the court, including anti-suit and anti-arbitration injunctions and interim relief; arbitration procedure and practice in ad hoc and institutional arbitrations; factual and expert evidence, including privilege and electronic document production; challenges to, and appeals from, awards; recognition and enforcement of awards; and multilateral and bilateral investment treaty arbitration. Anyone whose pursuits or responsibilities require knowledge of arbitration in England - including practitioners, in-house counsel, business persons, academics, and students around the world - will benefit enormously from this thorough study and analysis of contemporary arbitration practice in the jurisdiction.

India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.

Tells the story of how disputes of all kinds were managed in England between AD 1154 and the first signs of the Common Law, and 1558 when a new period started in the development of the English legal system. This title also includes private papers like the Paston Letters to show how disputes were managed in practice.

Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

Offers a history of mediation and arbitration in England before the Common Law. This book shows how natural and widespread mediation and arbitration have been in England since history began. It includes an appendix which deals with the many unsettled questions of the languages of the period, British, Latin, Anglo-Saxon and Anglo-Norman.

Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.

While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.