By Douglas A. Stephenson
Considers each one level during an arbitration intimately, from the claimant's choice to hunt the technique of resolving a dispute to the arbitrator's award, explaining essentially and concisely what's anticipated of the claimant, respondent and arbitrator and while.
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Additional info for Arbitration Practice in Construction Contracts 3rd Edition
In practice, however, it may be difficult to persuade the parties—or for one party to persuade the other—to enter into any form of agreement once a dispute has arisen. PROTECTION AGAINST COURT PROCEEDINGS Where a party to a valid arbitration agreement chooses to ignore that agreement and commences proceedings in court it is open to the other party, before delivering a defence or taking any other step in the proceedings, to apply to the court for a stay of the action under section 4 of the 1950 Act.
Firstly, English commercial law, and especially arbitration law, is more highly developed and sophisticated than any other legal system. Secondly, it forms the basis of many other legal systems throughout the world, and is therefore more readily accepted and understood than other systems. Thirdly, the general use of the English language in many overseas contracts reduces the problems of interpretation where English arbitration law is adopted. ENGLISH LAW OF ARBITRATION Arbitration in England is known to have been recognized in common law since the beginning of the seventeenth century: indeed the system is claimed to be as old as legal history.
But it is essentially a handbook for those, especially civil engineering contractors, who find themselves faced with the impact of arbitration law and practice upon their practical work. For this purpose the scale of the book is one of its great virtues. Readers are not drowned in detail, as they tend to be when consulting standard legal textbooks. On the contrary, simplicity, economy and clarity are the hallmarks of this book; and it is the combination of these three qualities which will ensure that readers will rapidly find what they want; that they will never lose their way; and that they will not be distracted by unnecessary detail.
Arbitration Practice in Construction Contracts 3rd Edition by Douglas A. Stephenson