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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Default Powers of Arbitrators

ISBN13: 9781859780299
ISBN: 1859780296
Published: March 1996
Publisher: Informa Law
Country of Publication: UK
Format: Hardback
Price: Out of print

This text isolates the default jurisdiction of arbitrators for specialist consideration. Within the arbitral process it assumes a position of growing importance with the increasing demand for cost-effective and efficient arbitration.

The management of the procedural aspects of arbitration is a subject arbitrators may find difficult. The problems are compounded when the parties involved refuse to participate voluntarily in the process or to agree procedural steps with the other party. It is then that an arbitrator may consider or be invited to make ""unless"" orders, by which is meant orders demanding compliance and threatening a prescribed penalty in the event of a refusal of failure to comply. The jurisdiction of arbitrators to make ""unless"" orders has, however, long been an uncertain topic.

This work provides a clear analysis of the subject. It includes developments such as ""extension orders"" under s.5 of the Arbitration Act 1979 and the power to dismiss for want of prosecution under s.13A of the Arbitration Act 1950. An examination is also made of the jurisdiction of the High Court to make ""unless"" orders as an aspect of its jurisdiction to act in aid of the arbitral process.

Construction Law