"What is arbitration", I wondered, when I attended the launch of the twenty-third edition of ‘Russell on Arbitration’?
The answer is contained is this excellent work which was completely re-written a while ago to reflect the importance of arbitration which Julian Lew QC concludes “may be the result of the momentum of the alternative dispute resolution movement which has resulted in decreasing numbers of cases being taken to the courts”. Mr Lew is quite right because the nature of arbitration means that numbers are not available and are probably impossible to obtain.
Today, there are many different kinds of arbitrations used by parties from different industries and involving arbitrators with wide professional experience covering factual rather than legal issues.
Russell on Arbitration is a masterly overview of English arbitration at work both at home and abroad. For over one hundred and fifty years, ‘Russell on Arbitration’ has been the principal authority for practitioners. The new editors, Sutton, Gill and Gearing, follow the original precedent of the work bringing readers what Judith Gill describes to me as the practical approach to the arbitration process, including all the most recent arbitration cases and an examination of the key pieces of legislation.
THE CONTENTS
The book contains eight chapters, each with a useful chapter index so you can find what you are looking for quickly, and there are paragraph numbers at the side for ease of access. The chapters cover: an introduction; the arbitration agreement, parties and institutions, the tribunal, conduct of the reference, the award, the role of the court before and during the arbitration; and the role of the court after the award.
I found the appendices of great significance and help together with the list of abbreviations at the front of the book. The appendices cover the detail of the work and will be invaluable to practitioners because they cover:
Appendix 1
The Arbitration Act 1996 and related statutory instruments, the Arbitration Act 1950, Part II, the Civil Procedure Rules, Part 62, and the Practice Direction covering arbitration.
Appendix 2
The Departmental Advisory Committee on Arbitration Law Report on the Arbitration Bill and Supplementary Report on the Arbitration Act 1996.
Appendix 3
Statutory arbitration.
Appendix 4
A comparison between the Arbitration Act 1996 and the United Nations Commission on International Trade Law (UNCITRAL) Model Law.
Appendix 5
A list of appointing authorities which includes the major institutions acting as appointing authorities in arbitrations and includes names, addresses and websites.
I use the work for my teaching at the Chartered Institute of Arbitrators and it remains the most concise work in its field, nationally and internationally- I wish it was more widely available and read!
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