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Cover A Practical Approach to Alternative Dispute Resolution

29. International Arbitration  

This chapter focuses on international arbitration, which broadly covers any reference to arbitration involving parties in different states. International arbitration is most frequently met in the shipping, construction and engineering, oil and gas industries, and also in disputes involving insurance, banking, and financial services. Different systems of law may govern the substantive contract, the agreement to arbitrate, and the procedural law of an arbitration. Ideally the parties will have reached express agreement on the system(s) of law governing each of these areas. If there is no express agreement on the system of law, it will be determined from all the circumstances. The chapter then considers a range of possible challenges to the jurisdiction of a tribunal, as well as several different ways in which a challenge to the tribunal's jurisdiction can be brought. It also looks at the International Chamber of Commerce (ICC) arbitration rules and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Arbitration.


Cover Contract Law

11. Direct control over terms  

This chapter examines direct legal controls over the contents of contracts, with particular emphasis on the Unfair Contract Terms Act 1977 (UCTA) and the Consumer Rights Act 2015 (CRA). The pattern of control under UCTA and CRA is discussed, compared, and contrasted in terms of: the types of contracts covered; the parties who can benefit from, or be detrimentally affected by, the contract; the types of terms subject to control; the control mechanisms such as of outright invalidity and a test of reasonableness or fairness; and the enforcement mechanism, whether by the individual complainant or by a statutory body. Other statutory and common law controls of terms are also briefly discussed, as is the question of whether control of substantive unfairness by contract law can be justified.