The book is written for arbitrators who are not lawyers and for lawyers who are not arbitrators. It sets out in short and simple terms the law of arbitration. It then describes in practical terms the course of an arbitration to assist arbitrators in conducting an arbitration and dealing with lawyers. The practical guide concludes with a sample arbitration from go to whoa so that both lawyers and arbitrators can see the advice in action. There are then two sections specifically for arbitrators. The first provides descriptions of the law that arbitrators may find useful. There are thirteen general entries, such as the Australian Legal System, Contract, Discovery, Evidence, Interpretation of Acts and Contracts, Pleadings and so on. There is then a glossary of legal terms for arbitrators. The final part contains the text of the uniform Commercial Arbitration Act 1984 and the Commonwealth International Arbitration Act 1974. The book is designed to be what its name suggests, namely, a companion for arbitrators. It is written with the express bias that the parties to an arbitration want arbitration, and not the exercises in litigation lawyers customarily pursue. Gibson has vast experience in litigation and arbitration, and in hearing and determining commercial disputes.
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Gewicht
ISBN-13
978-1-86287-400-8 (9781862874008)
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Schweitzer Klassifikation
Contents The Law Relating to Arbitration The case for commercial arbitration Definition: the arbitration agreement History and current attitudes Sources of law International arbitration Dispute Appointment Applicable law Jurisdiction (scope of dispute) Powers and procedures Preliminary conference Further pre-trial orders Expert evidence Hearing Awards Interest Costs Appeals Setting aside award Stay of court proceedings The Practice of Arbitration The submission to arbitration The notice of dispute The appointment The acceptance of nomination as arbitrator Directions before hearing The hearing The award A case study Elements of Law for Arbitrators Australian legal system Contract Discovery Equity Estoppel Evidence Interpretation (Acts and contracts) Misleading and deceptive conduct Natural justice (or procedural fairness) Negligence Pleading Privilege Restitution Glossary of Legal Terms for Arbitrators Sources of Law for Arbitrators Commercial Arbitration Act 1984 (New South Wales) International Arbitration Act 1974 (Commonwealth) Extracts of New York Convention in International Arbitration Act Extracts of UNICTRAL Model Law (Schedule 2 to International Arbitration Act) Index