The two publications under review here should be on the shopping list of libraries and lawyers for quite different reasons. The first, International Arbitration Law by Professor Rubino-Sammartano, is a general treatise which has the merit of raising most of the right questions about arbitral law and practice. It makes the reader think about a wide and controversial range of topics. The second is one of those books that every practitioner in the field has to own. A Collection of ICC Arbitral Awards is, as the title indicates, an assembly of all the published awards from 1974 to 1985 emanating from the largest source of published international arbitral decisions in the world.

International Arbitration Law is a collection of lectures given by Professor Rubino-Sammartano at the University of Padua, translated and edited (with uncredited assistance from Carole Hetzel). This is not, as the author accepts in the Preface, a comprehensive treatise on arbitration law throughout the world. Its main function is to raise the issues that frequently come up in practice and present solutions that have been reached to solve these problems in various important arbitration centres. Reasonably, considering the background of its author, International Arbitration Law concentrates more heavily than most such books on Italy. Professor Rubino-Sammartano, though, freely dips into other legal systems as well.

The book begins with an introductory look at arbitration as an institution. Then, starting with an analysis of the arbitral agreement, the various common features and problem areas of the arbitral process are examined in the order in which they normally arise in actual cases. At the end, the author puts forward his own proposal for improving the arbitral process.

This book has a number of great strengths. Generally, it reads very easily and is well structured. The author repeatedly asks the right questions, compelling the reader to think about the areas of law and procedure that really cause concern to arbitration users. The book is understandably strong on Italy, which is particularly welcome in view of the scarcity of material written in English and French about arbitration in that country. As Professor Rubino-Sammartano shows, Italian legal thought in this area merits deeper consideration than has been given to it outside that country. Brief summaries of Italian, French, Swiss and arbitral case-law are often used to considerable effect both to illustrate points and to introduce the reader to new and important material. One extract (on p. 431) indicates that the Italian courts have rejected the view of the English House of Lords in Bremer Vulkan [1981] A.C. 909 and The Hannah Blumenthal [1983] 1 A.C. 854:

The Court has … held that … in the event of lack of action by one of the parties to the arbitration agreement … the other party may … rescind the arbitration agreement.

The author is stronger on some parts of his subject than others. His comparative law analysis of arbitral procedure is particularly well-written.

As with most comparative law books, International Arbitration Law has its weaknesses. The first concerns its scope. The author does not restrict himself to legal systems of which he has first-hand knowledge. Excessive amounts of text are taken up with description of unimportant countries’ laws clearly culled from secondary sources. Few lawyers are interested in the arbitration laws of countries such as Iraq and Malaysia and those that are will need to become or consult those familiar with the primary materials in the relevant areas. As with most comparative law books, there are a number of straightforward errors. Dutch lawyers will be surprised to discover that under their law there is no need for the arbitral agreement to be in writing. That rule was changed by the legislature in 1986.