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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - THE ARBITRATION ACT 1996: A COMMENTARY

THE ARBITRATION ACT 1996: A Commentary. Bruce Harris, F.C.I.Arb., F.R.S.A., Rowan Planterose, M.A., LL.B., F.C.I.Arb., Barrister, and Jonathan Tecks, M.A., F.C.I.Arb., Barrister. Blackwell Science, Oxford, in conjunction with the Chartered Institute of Arbitrators (1996) viii and 363 pp., plus 20 pp. Appendices and 8 pp. Index. Paperback £37.50.
This is a book written by three eminent arbitrators (two of whom are also barristers) and published in conjunction with the Chartered Institute of Arbitrators. As might be expected then, it is an immensely authoritative and practically oriented account of the Act. The basic approach is to set out the various sections of the statute, following each with an indication of whether it is mandatory or non-mandatory, its derivation, a brief summary of its effect, and a more lengthy account of the main practical points raised by that provision. It is written to be understood by practising arbitrators, many of whom will have no legal background, and is a masterpiece of simplicity and clarity. That is not to say that it shrinks from tackling difficult issues; but sterile academic debate is avoided. Many annotations fall into the trap of over-referencing, with each provision followed by a welter of case references. This pitfall is studiously avoided by this work. At the same time, a great deal of useful reference material is provided. Much of the new Act is inspired by the UNCITRAL Model Law on International Commercial Arbitration; and, wherever appropriate, analysis of a provision is accompanied by discussion, not only of the corresponding Article of the Model Law, but also any judicial interpretation thereof in the various jurisdictions which have adopted the Model Law.
The detailed analysis of individual sections of the Act is preceded by other material which enhances the user-friendly nature of the Act. Thus, tables set out such matters as Basic Information about the Act (covering a wide range of matters such as the commencement date, and provisions applicable to domestic arbitrations), a check-list of major changes to the law effected by the Act, the various sources (1950 Act, Model Law etc.) of the individual provisions of the Act set out in tabular form, and a similar table of “Destinations”, indicating where, if anywhere, in the Act the matters dealt with in individual provisions of the various Arbitration Acts and the individual Articles of the Model Law are to be found. Also provided are model arbitration clauses, specifically designed for use with the Act and a series of check-lists summarizing the main effects of the Act intended for consideration by the parties. These include a check-list concerning the making of arbitration agreements, a check-list detailing the main powers of the tribunal and the court which may be affected by the agreement of the parties, a check-list for preliminary meetings, and a check-list for awards.

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