Arbitration Act 1996 4th edition by Robert Merkin and Louis Flannery





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Published on Jul 26, 2010


By Robert Merkin and Louis Flannery

ISBN: 978-1-84311-778-0




An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

In the words of Merkin and Flannery, the Arbitration Act 1996 'was intended to be both a fresh start and the closest thing to a definitive code of arbitration law that has ever been enacted in England'. This book is the definitive referencer for the statute.

This, the latest 4th edition of 'Arbitration Act 1996' published at the end of 2008 follows the publication in 1996 of 'Arbitration Act 1996: An Annotated Guide' in followed in turn by a 2nd edition in 2000, a 3rd edition in 2005 -- all by the same expert authors. Even in the 3 years that elapsed between the third and fourth editions, so much new case law has emerged that a new edition of this definitive work became necessary... and with a view to taking a fresh look at the Act.

The fourth edition therefore endeavours to cover all the major decisions emanating from the English courts, in particular from the Commercial Court and the Technology and Construction Court, where most matters related to arbitration are most commonly heard.

An outstandingly helpful feature for the practitioner, members of the Chartered Institute of Arbitrators and those involved as arbitrators will be the detailed notes appended to each section. These notes explain the meaning of the section and cite the relevant cases which deal with the interpretation of the wording of the section which can make some sense to us as users.

So, whatever section of the Act you are looking up, you have the expert views of meaning and interpretation immediately to hand.
As a clear and comprehensive review of the present state of the 1996 Act, this erudite volume excels. The deliberations that led to the passing of the Act are well explained and its provisions are examined in detail, with particular problem areas highlighted.

Specific Civil Procedure Rules (CPR), as they affect applications to the court, are referred to and include cross-references to the Departmental Advisory Committee Reports upon which the Act is based.
Also included is the full text of the Act, Part 62 of the Civil Procedure Rules and the Departmental Advisory Committee reports.
In particular, and in addition to the wealth of new cases cited in this edition, there are three cases included which illustrate several issues of principle concerning the Act: Premium Nafta (Fiona Trust), West Tankers and Lesotho Highlands). These issues have been aired in the House of Lords (as it then was) since publication of the 3rd edition. Also included where possible are the authors' references to significant decisions from other common law jurisdictions to assist overseas arbitrations.

As you would expect from an authoritative work of reference such as this, there are extensive Tables of Cases and Legislation, four schedules, nine appendices and a comprehensive index. The book incorporates cases decided up to the end of Oct. 2008, including the Court of Appeal decision in IPCO Nigeria v NNPC highlighting the definitive nature of this referencer which eases the work of the arbitrator enormously.


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