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Chapter 8 Arbitration

Civil Jurisdiction and Judgments

Chapter 8 Arbitration INTRODUCTORY MATTERS 8.01 General The preceding chapters of this book have been concerned with the process, and the manipulation and management of the process, of dispute resolution by proceedings before the courts, and with the recognition and enforcement of judicial orders. But no account of the law and practice of commercial dispute resolution can be seen to be complete without acknowledging that a substantial number of such disputes are intended to be, and are, resolved, in the first instance at least, by means of arbitration. This chapter therefore aims to give a brief account of some of the more important aspects and incidents of arbitration, and its relationship to the rules of jurisdiction described in the earlier chapters. It is obvious that arbitration is a large and complex topic, and practitioner works on the subject find it necessary to devote several hundreds of pages to the detail of their subject. This is neither possible nor appropriate in the present context.

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