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Handbook Of ICC Arbitration: Commentary, Precedents, Materials, 3rd Edition

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Handbook Of ICC Arbitration: Commentary, Precedents, Materials, 3rd Edition By Thomas H. Webster, Michael W. Buhler

Author Thomas H. Webster, Michael W. Buhler
Publication Date April, 2014
ISBN 9780414044630
Format
Hardcover + Ebook


Publisher: Sweet & Maxwell

The Arbitration Act 2005 (Act 646) came into force on March 15, 2006 and applies to all arbitrations commenced after that date regardless of when an arbitration agreement is entered into. The new Act, based on the UNCITRAL Model Law on International Commercial Arbitration, repeals and replaces the Arbitration Act 1952 (Act 93) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 (Act 320). Malaysia has now seen a major overhaul of its arbitral regime.

This is the first commentary on the Arbitration Act 2005 to be published since the passing of the Act. The two authors are well-known arbitral practitioners. They were involved in the deliberations by the Bar Council of Malaysia which resulted in the submissions to the A-G’s Chambers of proposals that the new Act should be based on UNCITRAL Model Law.

This timely book is a useful and insightful guide to the new Arbitration Act 2005. It provides a section-by-section commentary on the provisions of the Act that will give readers a clear appreciation of the new arbitral regime. The provisions of the Act are analysed with reference to those of other jurisdictions which have successfully implemented the UNCITRAL Model Arbitration Law for practical lessons and judicial interpretation of the statutory provisions. This no doubt provides valuable assistance to arbitrators and parties involved in arbitration under the new Act.

Key features : 

Clear section-by-section commentary of new Arbitration Act 2005
Reference to foreign case law to provide judicial guidance on interpretation of statutory provisions while the body of local case law is being developed
Useful guide to new arbitration system
Cross-references to relevant foreign materials
Practical insights provided by two leading arbitrators intimately familiar with the provisions of the new Act
Readership
Arbitration practitioners, lawyers, construction professionals, in-house counsel, bankers, business owners, foreign lawyers and parties involved in arbitration.

The Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules.

This 3rd edition of the Handbook offers:

  • A detailed rule-by-rule analysis of the 2012 ICC Rules, prepared based on experience as arbitrators, counsel and as ICC Court members
  • Reviews the first two years’ practice under the 2012 Rules
  • Provides practical guidance with respect to conduct of proceedings with reference to procedure adopted in many recent ICC arbitrations, the IBA Rules on the Taking of Evidence in International Arbitration (2010), the IBA Rules on the Conflict of Interest in International Arbitration and the IBA Guidelines on Party Representation in International Arbitration
  • Discusses the recent case law in major centres of arbitration, including Dallah in the UK and in France, SNF in France, Yukos Oil, C v D, Sulamérica in the UK, Oxford Health Plans and COMMISA in the USA
  • Discusses the new French Law on Arbitration
  • Reviews basic concepts in ICC arbitration such as:
    • How the ICC Court function in its Plenary and Court Sessions
    • The law applicable to and scope of the arbitration agreement
    • Arbitrability in particular under US law
    • The differing approaches to nonsignatories under various national laws
    • Annulment of Awards and enforcement of anulled awards
    • The role and liability of the ICC
    • The role and liability of arbitrators
  • Provides examples of documents used in ICC Arbitration
  • Includes a copy of the relevant laws from France, Switzerland, England, the United States as well as the UNCITRAL Model Law and the New York Convention
  • Provides in one volume what is needed to conduct an ICC arbitration wherever it may be held

 

TABLE OF CONTENTS

Part I – Commentary to ICC Rules of Arbitration:

Introduction'

Chapter 1 – Introductory Provisions

Chapter 2 – Commencing the Arbitration

Chapter 3 – The Arbitral Tribunal

Chapter 4 – The Arbitral Proceedings

Chapter 5 – Awards

Chapter 6 – Costs

Chapter 7 – Miscellaneous

Part II – Models, Precedents and Examples:

A – List of Models, Precedents and Examples

B – Introduction Regarding Models, Precedents and Examples

Part III – Appendices and Further Materials:

1. ICC Rules of Arbitration with Appendices to the Rules

2. Techniques for Controlling Time and Costs in Arbitration (ICC Commission) (2012)

3. List of Other ICC Dispute Resolution Services (reference to websites only)

4. New York Convention

5. UNCITRAL Model Law

6. Excerpt from the French New Code of Civil Procedure

7. Excerpt from the Swiss Private International Law

8. Excerpt from the US Federal Arbitration Act

9. Excerpt from the English Arbitration Act 1996

10. IBA Rules of Evidence

11. IBA Guidelines on Conflict of Interest

12. IBA Guidelines on Party Representation in International Arbitration

13. ILA Recommendations regarding Lis Pendens and Res Judicature

14. ILA Recommendations on ascertaining the contents of Applicable Law;

 

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