A Restatement of the English Law of Arbitration Agreements is the first comprehensive account of the legal treatment of arbitration agreements governed by English law. It complements the existing statutory and common law framework by setting out the rules and principles derived from legislation and case law in a systematic form. The restatement is accompanied by explanatory notes that provide guidance on the interpretation and application of its provisions.
Structured around the life cycle of an English arbitration agreement, the restatement presents an accessible yet authoritative exposition of the law in thirty-six provisions covering matters ranging from formation to discharge. The provisions deal with the most relevant aspects of arbitration agreements and are grouped under the following headings:
The restatement was drafted with the assistance of an advisory board composed of leading arbitration practitioners and academics. They reviewed the restatement’s provisions and suggested improvements to their content and formulation so as to reflect the law as it currently stands. While the provisions have benefited from that process of scrutiny and refinement, the explanatory notes remain the author’s own commentary and analysis.
By examining the interaction between English contract law, English arbitration law, and the New York Convention, the restatement offers a comprehensive and fully referenced account of the English law of arbitration agreements in the context of international commercial arbitration. It will serve as a clear and reliable guide for arbitration practitioners, judges entertaining arbitration-related applications, academics, and postgraduate students.
Julio César Betancourt is a Lead Tutor in International Dispute Resolution and Arbitration at BPP University's Law School. He was formerly Head of Research and Academic Affairs at the Chartered Institute of Arbitrators and a Junior Academic Visitor at the University of Oxford’s Commercial Law Centre. He is regularly invited to speak at conferences, events, and seminars on ADR, international commercial arbitration, and mediation.
