Arbitration Law and Procedure in Ireland offers a comprehensive guide to the area or arbitration following the Arbitration Act 2010.
Includes the following:
An explanation of the law, clearly setting out the principles that apply to arbitrations so readers fully understand the differences between the law and the litigation process;
A thorough examination of relevant case law;
A knowledge of international arbitration law as expressed in the UNCITRAL model.
Chapter 1 Introduction to Arbitration:
Arbitration defined; Brief note on the history of arbitration; Distinction between national and international arbitration; Elements of an arbitration; Advantages of arbitration; Disadvantages of arbitration; Arbitration distinguished from other forms of dispute resolution; The Role of the National Court;
Chapter 2 Fundamental Principles of Arbitration:
Arbitrability; Separability of the Arbitration Agreement; Competence-Competence;
Chapter 3 The Arbitration Agreement:
Introduction; Form of an Arbitration Agreement; Content of an Arbitration Agreement; Parties to an Arbitration Agreement; Laws applicable to an Arbitration Agreement; Validity of the Arbitration Agreement; Confidentiality; Defective Arbitration Clauses;
Chapter 4 The Arbitral Process:
Commencement of the reference; Staying Court Proceedings in favour of Arbitration; Selection, appointment of the Arbitrator/Tribunal; Conduct of the reference; Costs;
Chapter 5 The Role of National Courts in the Arbitral Proceedings:
Introduction; At the Beginning of the Arbitration; During the Arbitral Proceedings; At the end of the Arbitration;
Chapter 6 The Arbitration Award:
Types of Awards; Form and contents of Award; Effect of Awards – Res Judicata; Challenges to the Award; Recognition and Enforcement of Arbitral Awards; Enforcement under the New York Convention; Enforceability of the Award.