Arbitration Awards
A Practical Approach
1. Edition March 2005
264 Pages, Hardcover
Wiley & Sons Ltd
'Drawing on his long and practical experience [the author
gives] guidance which only the foolhardy would reject without good
reason for doing so. With this manual beside him, many an
arbitrator will, I feel sure, sleep the sounder.' - The Rt
Hon The Lord Bingham of Cornhill.
The preparation of an arbitrator's award requires a rigorous
approach to the consideration of submissions and evidence, and to
the decisions stemming from that consideration, and the arbitrator
must be competent to draft a valid and enforceable award.
These tasks can be complex for any arbitrator, particularly so
for the less experienced. This book has been written to provide
clear and practical guidance, whilst emphasising that there is no
standard method of preparing or writing an award. It includes
illustrations relating to a wide range of types of award.
It will be of interest to all arbitrators and those involved in
the process, whether they are concerned with commodities,
insurance, maritime matters, rent disputes, construction or
commerce.
A preliminary introduction.
Part B Background principles.
Types of awards.
Style, content and check-lists.
An approach to decision-making.
Part C Developing the principles.
Synthesis of an award.
Part D Illustrations.
Substantive awards.
Supportive awards.
Procedural awards; Institutional awards; Ancillary awards.
Part E Variants.
Other options and variations in content.
Part F Appendices
it draws on a deep study of the process of arbitration. Although it
is written for the domestic market and for arbitrations governed by
the Arbitration Act 1996, it is relevant to arbitrations that are
not governed by the law of England and Wales and where a reasoned
award is required.
Ray Turner's book is intended to be a manual or vade mecum
and it succeeds impressively. There will be few arbitrators who
would not profit by having it to hand.--International
Construction Law Review
'Drawing on his long and practical experience [the author gives]
guidance which only the foolhardy would reject without good reason
for doing so. With this manual beside him, many an arbitrator will,
I feel sure, sleep the sounder.' -The Rt Hon The Lord Bingham
of Cornhill
'If it had been available when I was starting as an arbitrator I
would have been saved considerable pain and grief, and a lot of
embarrassment. The layout of the book is logical and
straightforward, making it easy to use and to follow. I found it
compulsive reading... All in all a very useful book, well
constructed and practical, which should be on the shelf (or better
still, the desk) of every practising or aspiring arbitrator.'
Arbitration 2005.
'There is an abundance of information and advice that will be
invaluable to arbitrators in any common law jurisdiction, and
arguably beyond....[The author is] renowned for both his
incisiveness and his ability to explain difficult technical
concepts in simple language.....Concise but comprehensive, this
book is the work of a master of his craft.' Asian Dispute
Review.
'An extremely practical approach to writing arbritation awards'
Eric J Mouzer FRICS
He was conducted several hundred arbitrations and was a member of various institutional panels of arbitrators. A Fellow of the Charted Institute of Arbitrators, having been a member since 1953, he was a member of its Council for 16 years, Chairman of the Institute, Chairman of its Arbitration Committee (twice) and its Profesional Conduct Committee, a member of other committees including its Examinations Board and Registration Board; tutor or course director on many of its courses at all levels, examiner, then moderator.
Having conducted or lectured on arbitration courses for the Universities of York and Salford and for UMIST, in 1993 he was appointed the first Visiting Professor of Arbitration at Leeds Metropolitan University. He was the first external examiner on the College of Estate Management Diploma in Arbitration.
He has lectured on arbitration topics on over 150 occasions for other bodies, and he has given papers or spoken on arbitration by invitation in Bermuda, Chicago, Gibraltar and Barcelona.
A founder member of both the Society of Construction Arbitrators and the Society of Construction Law, he was for nine years a Vice-President of the Academy of Experts, a member of its fellowship vetting Committee, its Disciplinary Committee and its first working party on terms of appointment.
A charted quanitity surveyor by profession, he was a member of the RICS QS Practice Board and chairman of its Fees and Conditions Panel, a member of its inter-divisional working parties on mutual insurance and on EC proposals on construction liability and he was RICS representative on the DOE/Construction Industry Liaison Group. Prior to retirment he lectured widely on matters relating to construction contracts and related insurances.
From 1987 until 2001 he was a Member of the VAT and Duties Appeals Tribunals.