Edited by Djakhongir Saidov
Chapter 14: The impact of arbitration on the development of international sales law
This chapter examines a symbiotic relationship between, on the one hand, the English law of international sales and, on the other, arbitration and control of the arbitral system by the courts. The chapter shows that much of the development of early sales law was integrally interconnected with an arbitration system of dispute resolution. This chapter shows that the availability of the procedure known as the ‘Special Case’ - which enabled courts to review issues of law, but was abolished in 1979 - contributed significantly to the development of the English law of international sales. The current law, enshrined in the UK Arbitration Act (1996), has restricted the scope for appeals on points of law from arbitration awards and this chapter underscores the danger that this may have stultified the development of the English law of international sales.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.