Arbitration Act 1996: A Practical Guide by Margaret Rutherford and John H. M. Sims

Abstract

Arbitration Act 1996: A Practical Guide by Margaret Rutherford and John H. M. Sims. Published by FT Law & Tax (1996, xxix and 370 pp. incl Introduction, Foreword, Table of Cases, Table of Statutes, Table of Statutory Instruments, Appendices and Index) . Softback. Price UK£40 ISBN 0-85121-982-9. In order fully to understand the fundamental changes which the Act has brought about, the authors considered it appropriate to explain why those changes were necessary, and sometimes even essential. Consequently, in Part I the history of the Arbitration Act is set out. This is followed by a brief introduction to arbitration in general. Part II is the most substantial part of the book and consists of a section-by-section commentary on the new Act. The appendices include the text of the 1996 Act, a checklist for preliminary meetings and a list of arbitrator's powers and duties under the 1996 Act. In their overview of the history of the Arbitration Act, the authors first describe the history of arbitration law in general. This is followed by a short review of the Arbitration Acts of 1950, 1975 and 1979 and the most essential changes contained in these Acts. Reference is also made to a number of miscellaneous Acts concerning arbitration such as the Consumer Arbitration Agreements Act 1988. Arbitration was ripe for a reform. A comprehensive and coherent statement of the principles and practice of arbitration law was deemed necessary, both for domestic and for foreign users. In this context, the authors describe the discussion concerning the adoption of the UNCITRAL Model Law and the final rejection thereof. An interesting description is given of the large number of private initiatives such as the Marriott Group and the unique and extensive consultation with users. These include the working conferences set up by Professor John Uff and Dr Julian Lew at King's College, London. The history of the Act ends …