i-law

Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - THE LAW AND PRACTICE RELATING TO APPEALS FROM ARBITRATION AWARDS

THE LAW AND PRACTICE RELATING TO APPEALS FROM ARBITRATION AWARDS. D. Rhidian Thomas, M.A., Ll.B., A.C.I. Arb, Professor of Law at the University of East Anglia. Lloyd’s of London Press, London (1994, Iviii and 470 pp., plus 124 pp. Appendices and 14 pp. Index). Hardback £110.
It cannot be doubted that in the world of arbitration the passing of the Arbitration Act 1979 was a step of the utmost significance, altering fundamentally the relationship between the arbitral process and the courts. The issues arising out of the 1979 Act are of enormous theoretical interest and practical importance, so that the appearance of this book—the first to deal exclusively with this subject—is very much to be welcomed. As its title indicates, it is first and foremost an exposition of the law and practice relating to appeals from arbitration awards. In this respect it is supremely meticulous and utterly comprehensive, dealing exhaustively with every question of law, practice or procedure which could conceivably arise during the course of an appeal. As such it is surely destined to provide an indispensable guide and reference book for the practitioner. In this regard, it should be noted that a series of invaluable appendices is furnished, accounting for around one-fifth of the book. Thus, one can find the text of every Practice Direction which might possibly be of relevance, the full text of the Guide to Commercial Court Practice, Model Exclusion Clauses, pertinent Rules of the Supreme Court; and precedents borrowed from the Practice and Procedure of the Commercial Court by the Hon Mr Justice Colman. Naturally, the text of the 1979 Act and subordinate legislation also appears; but, not content with this, the book also includes practically all other legislation referring to arbitration, even the Arbitration (International Investment Disputes) Act 1966, despite its seeming lack of connection with the subject of the book. This is not a criticism, for the decision has obviously been taken to include any material which might have the slightest relevance to the work. It must also be said that the book is far more than a practitioner’s guide, exhibiting profound scholarship in its treatment of the most difficult theoretical issues, and demonstrating not only an authoritative grasp of the law, but also complete mastery of pertinent academic literature.
The book discusses the emergence of the Act in its historical, political, philosophical and economic context (the fateful Commercial Court Committee Report on Arbitration being reproduced in the appendices). More importantly, it seeks to show how the philosophy of the Act, or at least that philosophy as creatively interpreted and developed by the House of Lords, has essentially altered the entire relationship between arbitration and the courts, arguing that “the finality of awards and the autonomy of the arbitral process … have … become values more firmly planted in the philosophical bedrock of the law. In short, the policy of the 1979 Act has become the policy of the contemporary law”. This case is convincingly made. Yet fewer might agree that the Act has prompted English courts to become more sensitive to the need for the law to enhance the attractiveness of London as a forum for international arbitration, or indeed that the Act “has set in train a major international reconsideration of the relationship between the courts and arbitration in relation to questions of law”. Nevertheless, the fact that the book is prepared to address such issues must be considered a strength rather than a weakness. This book, then, is a most impressive work which manages to achieve the almost impossible feat of being an ideal source for the practitioner, while at the same time being academically stimulating.

Fraser P. Davidson

Professor of Law, University of Glasgow.

423

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.