Douglas A Stephenson
£35
CBD Stock No: 2202
Arbitration Practice is an accepted classic in arbitration and it is heartening that the book has been updated to a fifth edition to reflect recent developments and maintain its status. What sets it apart from others is that it is neither a heavyweight legal textbook nor a brief introduction to arbitration, but a genuine attempt to present the information that anyone wanting to learn more about arbitration will need to know, in a manner that is both eminently readable and readily comprehensible.
It is suitable for students who want to know more than the basics and also for construction professionals who are contemplating arbitration as a dispute resolution process or who find themselves participants in an arbitration.
Introductory chapters address the background to arbitration and how an arbitration agreement may come into existence. Thereafter the book follows the stages of the arbitration process largely in chronological order.
Although some of the examples lean towards the field of civil engineering, this clearly reflects the background and experience of the author and does not detract from the relevance of the book to those who deal with disputes in the building industry.
An understanding of the process of arbitration is greatly assisted by the many clear examples of specimen documents contained in the appendices. While these are not intended to be models to be slavishly followed in an actual arbitration, they allow the nature and purpose of each document to be appreciated by anyone
who has not been previously exposed to the procedures of arbitration. This would not be the case had they been simply referred to or described – rather than set out as examples.
One criticism that might be made of the book is that, both in the text and the examples, the author tends to take as his norm the procedures of the courts and the legal profession referring to – for example – the Civil Procedure Rules. While many arbitrations may proceed in a manner that bears a great resemblance to court proceedings, they need not necessarily do so. One of the great advantages of arbitration is its flexibility in allowing an experienced arbitrator to adapt his procedure to the circumstances of the particular case, and this aspect could perhaps have received greater emphasis.
Source
Construction Manager
