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International Construction Law Review

BOOK REVIEWS

HUMPHREY LLOYD

BOOK REVIEWS

ADR in Business: Practice and Issues Across Countries and Cultures. By J-C Goldsmith, Arnold Ingen-Housz and Gerald H Pointon. Kluwer Law International, 2006. ISBN 90–411–25841. 332 pp. Hardback. Price varies: £84 in the UK.
This book is a collection of 11 essays which look at various aspects and uses of ADR both on a national level and also internationally. Readers of this Review will find that the title is a veil, for the contents contain much that is relevant to the construction industry. A good indication of their value (and of the immense work of the editors, two of whom are particularly distinguished) is that there are no less than three Forewords each containing warm commendations from eminent people: Dr Robert Briner, who was Chairman of the ICC International Court of Arbitration from 1997 to 2006; Professor Pierre Tercier, who succeeded Dr Briner as Chairman of the ICC Court of Arbitration; and Lord Mustill who was not only a Vice-President in the International Court of Arbitration but was also a former President of the Chartered Institute of Arbitrators.
The book has five main parts. The first part deals with ADR in international business; the second part is about ADR, Dispute Boards and the ICC; the third part is entitled ‘‘ADR and the Law’’; Part IV deals with ‘‘ADR as Practised across Countries’’; and the fifth part is ‘‘ADR across Cultures’’. All but the last part contain more than one chapter.
In Part I there are two chapters. Carita Wallgren writes about ADR in business and Jean-Francois Guilleim contributes Chapter 2 on ‘‘Reasons for Choosing Alternative Dispute Resolution’’ with the third chapter on ‘‘Ambit and Potential of the ‘Green’ Services on the ICC Dispute Resolution System’’ being written by Arnold Ingen-Housz.
Part I is perhaps of the greatest interest to the construction industry since it is devoted essentially to two parts of the ICC Dispute Resolution Services: ADR under the ICC ADR Rules (contributed by Peter M Wolrich who was instrumental in the drafting of the ICC ADR Rules) and in Chapter 5 an account of Dispute Boards and the ICC Dispute Board System by Pierre M Genton.
Part III—ADR and the Law—is in fact a single chapter written by Professor Charles Jarrosson. It is an excellent discussion of the numerous considerations that need to be borne in mind in pursuit of an ADR procedure and its result. He draws on a wide variety of sources and jurisdictions. Unfortunately the publishers have not provided any index whatsoever—a major weakness—and not even a table of cases or legislation. One hopes that the distinguished contributors will keep their contributions up to date and that in any further edition the publishers will rectify this major deficiency. Part IV, although entitled ‘‘ADR as practised across
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