Издание на английском языке
English arbitration law has continued to develop apace since the publication of the third edition of London Maritime Arbitration in 2009. There have been particularly significant first instance and appellate decisions on topics including escalation clauses, anti-suit injunctions, enforcement, declaratory awards, freezing injunctions, stays, and challenges, to name but a few. The LMAA Terms have been updated, with the 2017 Terms coming into force in May 2017, and the 2014 LCIA Rules came into force in October 2014. Looking to the future, the effect of Brexit on arbitration in general, and London maritime arbitration in particular, remains
uncertain but cannot be ignored.
Against that background, all the Chapters and appendices have been updated and extensively revised. We have included new sections on salvage arbitration and the possible impact of Brexit. The effect of the 2017 LMAA Terms is discussed, and we have, where appropriate, made comparative reference to LCIA arbitration practice and procedure.
We are delighted that Michael Collett QC, also of 20 Essex Street, has joined us as coauthor for this fourth edition. Our aim has been to provide a concise and practical guide to maritime arbitration, but also to set maritime arbitration within the context of English arbitration law more generally. As such, we hope that this edition will continue to provide a clear account of the development of arbitration law under the Arbitration Act 1996, as well as specific guidance on LMAA practice and procedure.
As always we have been enormously assisted by the advice and guidance of Bruce Harris, who continues to act as consultant editor. We are also very grateful to David Owen QC and Clive Aston for their invaluable input in respect of the 2017 LMAA Terms, and to Sir Nicholas Hamblen for his very kind words in the Foreword. Thanks, too, to the team at Informa Law/Routledge, particularly Caroline Church and Amy Jones. Any mistakes are, of course, our own.
This fourth edition is based on the law in force on 1 February 2017 and the application of the LMAA Terms (2017) with reference to the earlier Terms applying to arbitrations commenced before 1 May 2017.
Contents
Foreword
Preface
Abbreviations
Table of cases
Table of legislation
Table of Civil Procedure Rules
Chapter 1 London Maritime Arbitration
Chapter 2 The arbitration act 1996
Chapter 3 Mediation and arbitration
Chapter 4 The arbitration agreement
Chapter 5 The conflict of laws
Chapter 6 Disputes about the tribunal’s jurisdiction
Chapter 7 Stays of English court proceedings brought in breach of an agreement to arbitrate
Chapter 8 Injunctions and arbitration
Chapter 9 Extending agreed time limits for beginning arbitral proceedings
Chapter 10 Appointment of arbitrators and umpires
Chapter 11 The arbitrator
Chapter 12 Procedure and evidence
Chapter 13 Confidentiality in arbitration
Chapter 14 Remedies for delay
Chapter 15 Arbitration and third parties
Chapter 16 Preliminary issues
Chapter 17 Security for costs
Chapter 18 Security for claims in arbitration
Chapter 19 Arbitration awards
Chapter 20 Arbitrators’ fees and expenses
Chapter 21 Costs
Chapter 22 Challenging an award in the English courts
Chapter 23 Enforcement of awards
Chapter 24 Applications to the english court relating to arbitration
Appendix A Arbitration act 1996
Appendix B The LMAA terms (2017)
Appendix C The small claims procedure (2017)
Appendix D The intermediate claims procedure (2017)
Appendix E The LMAA/Baltic exchange mediation terms (2009)
Appendix F The uncitral model law
Appendix G CPR Part 62 – arbitration claims
Appendix H Practice direction 62 – arbitration
Appendix I The admiralty & commercial courts guide
Appendix J Departmental advisory committee on arbitration law report on the arbitration bill
Appendix K Departmental advisory committee on arbitration law supplementary report on the arbitration act 1996
Appendix L Flow charts
(I) LMAA standard procedure
(II) LMAA ICP procedure
(III) LMAA small claims procedure
(IV) Arbitration claims
Appendix M The LMAA terms (2012)
Appendix N The LMAA small claims procedure (2012)
Appendix O The LMAA intermediate claims procedure (2012)
Index