The Arbitration Act 1996: A Commentary, 3rd edition

487 Pages·2003·1.26 MB·english

by  Bruce Harris

The
Arbitration
Act 1996
A COMMENTARY
Fourth Edition
Bruce Harris
FCIArb,FRSA
Rowan Planterose
MA (Cantab), LLB, FCIArb, Barrister
Jonathan Tecks
MA (Cantab), FCIArb, Barrister
FOREWORD BY
The Rt. Hon. The Lord Bingham of Cornhill KG
Senior Law Lord
PUBLISHED IN ASSOCIATION
WITH THE CHARTERED INSTITUTE OF ARBITRATORS
This page intentionally left blank
The
Arbitration
Act 1996
A COMMENTARY
Fourth Edition
Bruce Harris
FCIArb,FRSA
Rowan Planterose
MA (Cantab), LLB, FCIArb, Barrister
Jonathan Tecks
MA (Cantab), FCIArb, Barrister
FOREWORD BY
The Rt. Hon. The Lord Bingham of Cornhill KG
Senior Law Lord
PUBLISHED IN ASSOCIATION
WITH THE CHARTERED INSTITUTE OF ARBITRATORS
© 1996, 2000, 2003, 2007 by Bruce Harris, Rowan
Planterose and Jonathan Tecks
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First edition published 1996
Second edition published 2000
Third edition published 2003
Fourth edition published 2007
Library of Congress Cataloging-in-Publication Data
Harris, Bruce.
The Arbitration Act 1996 : a commentary / Bruce Harris, Rowan Planterose, Jonathan
Tecks.—4th ed.
p. cm.
Includes bibliographical references and index.
ISBN-13: 978-1-4051-3996-0 (pbk. : alk. paper)
ISBN-10: 1-4051-3996-X (pbk. : alk. paper) 1. Great Britain. Arbitration Act 1996.—
2. Arbitration and award—England. I. Planterose, Rowan. II. Tecks, Jonathan.
III. Title.
KD7645.A316H37 2007
347.42(cid:3)09—dc22 200702003
ISBN: 9781405139960
A catalogue record for this title is available from the British Library
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To:
Javier
Elizabeth and Abigail
Frances, Peter and Caroline
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Contents
Biographical Note vi
Foreword to Fourth Edition vii
Preface to Fourth Edition viii
References and Abbreviations xi
1. Materials 1
A. Arbitration Clauses 1
B. Agreements Prior to or on Constitution of Arbitration 3
C. Agreements as to Tribunal and Court Powers 9
D. Checklist for Preliminary Meetings 11
E. Agreement with Arbitrator on Resignation 14
F. Checklist for Awards 15
G. Agreements as to Costs 17
H. General Note on Arbitration Claims 18
2. The Arbitration Act 1996 23
Text of the Act and Commentary 23
Arrangement of Sections 25
3. Appendices 467
The Arbitration Act 1996 (Commencement No. 1) Order 1996 469
The Unfair Terms in Consumer Contracts Regulations 1999 471
The Arbitration Act 1950, Part II 480
Table of Cases 488
Index 498
v
Biographical Note
Bruce Harris is a full-time commercial and maritime arbitrator who
has been involved in more than 8000 arbitrations and made more
than 2000 awards. He has written, lectured and talked extensively on
arbitration, and was President of the London Maritime Arbitrators
Association in 1990/2 and Chairman of the Chartered Institute of
Arbitrators in 1993/4. He was a member of the DAC and recently
chaired a committee that reviewed and conducted a major survey into
the fi rst 10 years of the Act’s working.
Rowan Planterose is a former practising barrister, now a solicitor,
Chartered Arbitrator, and adjudicator. He is managing partner of the
solicitors fi rm Davies Arnold Cooper and runs the fi rm’s construc-
tion focus group. He is a construction and commercial lawyer, devot-
ing much of his time to arbitration, either as representative of a party
or as arbitrator. He has been a member of the Chartered Institute’s
Professional Committee, its Council and Executive Board. He lectures
widely on both domestic and international arbitration matters.
Jonathan Tecks is a Principal Lecturer and Director of Advocacy and
Dispute Resolution at the University of the West of England at Bristol.
He is extensively involved with the Chartered Institute of Arbitrators,
formerly as Chairman of the Examinations Board and currently as a
Course Director for Mediation Accreditation Assessments. He is External
Course Director for the Postgraduate Diploma in Arbitration at the
College of Estate Management, Reading. As a Chartered Arbitrator
and mediator he arbitrates and mediates in respect of a broad range of
civil and commercial disputes.
vi
Foreword to Fourth Edition
by the Rt. Hon. The Lord Bingham of Cornhill KG
Senior Law Lord
The fi rst edition of this book was written when the 1996 Act was on
the point of coming into force. The appearance of a fourth edition, in
little over a decade, is testimony to two things: fi rst, the continuing
vitality of the arbitration process in England and Wales; and, secondly,
the proven value of the earlier editions.
The citation in this edition of over a hundred cases on the Act
decided since the last edition four years ago is compelling evidence that
the arbitration process is alive and kicking. Since large sums of money
are often at stake, it is not surprising that parties, although commit-
ted to arbitrate, seek recourse to the court to advance or protect their
interests. But blessed is the arbitration which achieves no reference in
the law reports. I do not doubt that close attention to this commentary
is conducive to that happy result.
To be useful a commentary such as this must be (as this commentary
is) accurate, readily intelligible, comprehensive, strictly practical and
above all up-to-date. An out-of-date commentary is as much use as a
1920s Baedeker to someone wanting to book into a hotel. So it is time
for a new edition.
In welcoming the fi rst edition I expressed the hope that the 1996 Act
and the commentary would together raise the reputation of arbitration
in this country to new and unprecedented heights. This must remain
the goal of everyone seriously committed to this invaluable means of
resolving civil disputes.
Tom Bingham
House of Lords 6 June 2007
vii