Books: Heart of the matter
Legal Week Reports
December 08, 2004 at 07:03 PM
4 minute read
Law and Practice of International Commercial Arbitration Authors: Alan Redfern and Martin Hunter Publisher: Sweet & Maxwell Price: £199
Redfern and Hunter's Law and Practice of International Commercial Arbitration has long been essential reading for students and practitioners of international commercial arbitration. First published in 1986, the book is now in its fourth edition. There is little doubt that this latest edition will meet the aspirations of its authors and continue to be a 'standard work of value', not only to practitioners and students, but also to international arbitrators and judges, from various jurisdictions.
The new edition of Redfern and Hunter achieves the seemingly impossible: it contains even more information than the preceding third edition (including an entire new chapter), but is apparently the same size. It retains the appeal of the original by being thorough, clear and concise, without becoming cumbersome.
Chapter 11 of the fourth edition is a new addition, dedicated to arbitration under investment treaties. Its inclusion is timely – recent statistics from the World Bank reveal that the number of cases submitted to the International Centre for Settlement of Investment Disputes has increased significantly in recent years.
The authors point to what they describe as a "mushrooming" of investor-state arbitration, stemming from the dramatic increase in the number of bilateral investment treaties (from 385 at the end of the 1980s to a total of 2,099 by the end of 2001) and a tripling of cases regis-tered with the International Centre for Settlement of Investment Disputes within the past five years.
The new chapter traverses the area effectively and addresses particular issues that arise including jurisdiction (and the meaning of 'investment') and applicable substantive law in investment treaty arbitration. Among other things, the authors consider the approach of arbitrators, courts and international arbitral institutions to applying public international law principles in investment treaty disputes.
The new edition tackles many of the topical issues that confront general international arbitration users today. The section on confidentiality in arbitration analyses a changing attitude in relation to the private nature of arbitration. It deals with the approach of various jurisdictions in relation to confidentiality of arbitral proceedings (and evidence submitted therein) as well as confidentiality of the award itself. It deals with the issues that arise in relation to confidentiality in investor-state arbitration where, unlike in most other arbitral proceedings, documents and awards are usually published.
The authors have included a discussion on the involvement of third parties in arbitration proceedings. In particular, they explore the balance between preserving the consensual nature of arbitration while ensuring the appropriate parties participate.
This is considered in the context of "group of companies" doctrine and private law rules of assignment, agency and succession. Various national laws treat these concepts differently and there is no universal international practice. The problem that this creates for international arbitration practitioners is explored in some detail.
Two further topics that have given rise to an extraordinary amount of discussion in the arbitration community in recent years are the granting of interim measures of protection (including anti-suit injunctions and ex parte measures) and the independence and impartiality of arbitrators (particularly in light of the new International Bar Association's 2004 Guidelines on Conflicts of Interest). Both are analysed clearly and concisely, making this fourth edition of Redfern and Hunter one of the most up-to-date and thorough guides in international commercial arbitration.
A significant change from earlier editions that cannot be overlooked is the introduction of two new co-authors. Both Nigel Blackaby and Constantine Partisides have experience in investment treaty arbitration and their contribution to the book in this area is noticeable.
The new authors add knowledge and skills from the perspective of counsel, as well as a civil law perspective (both being based in Paris). Confident that their project will be placed in safe hands, Alan Redfern and Martin Hunter have agreed that the new authors will "take over gradually during a five-year cycle covering the fourth and fifth editions".
This latest edition of Redfern and Hunter on International Commercial Arbitration makes a great contribution to the field of international commercial arbitration. It contains significant new information, keeping pace with developments in this dynamic field of practice. And it does so from a truly international perspective.
Consequently, the book's appeal is not confined to English or common law lawyers. It is an indispensable guide for anyone involved in, studying, or simply interested in, international commercial arbitration.
Wendy Miles is a counsel in the international arbitration and litigation group at the London office of Wilmer Cutler Pickering Hale & Dorr.
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