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BOOK REVIEW - LAW AND PRACTICE OF INTERNATIONAL COMMERCIAL ARBITRATION (2ND EDITION)

LAW AND PRACTICE OF INTERNATIONAL COMMERCIAL ARBITRATION (2nd Edition) by Alan Redfern, M.A., F.C.I. Arb., Solicitors, and Martin Hunter, M.A., F.C.I. Arb., Solicitor. Sweet & Maxwell, London (1991, Ivii and 527 pp., plus 291 pp. Appendices and 18 pp. Index). Hardback £120.
Only five years have passed since the first edition of this work appeared, but much has happened in the world of international commercial arbitration since then. This is reflected in the expansion of the text by over 100 pages, while the appendices have grown in a phenomenal fashion, from 40 to almost 300 pages, and from six to 23. The appendices now include the text of the main legislation relating to arbitration from the states which are major centres for international commercial arbitration—the Arbitration Acts 1950–1979, Book IV of the French Code of Civil Procedure, the Netherlands Arbitration Act of 1986, Chapter 12 of the Swiss Private International Law Act of 1987, the United States Federal Arbitration Act of 1925 and, of course, the UNCITRAL Model Law. Naturally, the UNCITRAL Arbitration Rules are also included, along with the rules of all the major institutions of international commercial arbitration. Thus, apart from anything else, the book is a most valuable repository of primary material.
The basic structure of the book is unchanged from the first edition. Following the introductory scene-setting chapter, subsequent chapters consider the various issues which arise in this context in a logical sequence. Thus, Chapter 2 examines the question of the applicable law both substantive and procedural. The book then goes on to consider matters such as arbitration clauses, the setting up of the arbitral tribunal, the powers and jurisdiction of the tribunal, the manner in which the proceedings should be conducted, issues relating to the making of the award and challenge, recognition and enforcement of the award. Finally, the chapter on “The Role of the United Nations”, which concluded the first edition, is replaced by a chapter on “The UNCITRAL Rules and the Model Law”, but this obviously represents more of an updating of the earlier material than a significant alteration of content. Of course, the bald statement of the work’s subject-matter does not convey any sense of the great wealth of important issues which are exhaustively discussed under each heading. It also goes without saying that within the established format much new material can be found. Thus, in the introductory chapter, an extensive discussion of the current vogue topic. Alternative Dispute Resolution, is featured. The main forms of ADR are described, and its strengths and weaknesses as a form of dispute resolution in the arena of international commerce realistically assessed. Considerable updating has also been effected. A considerable wealth of experience now exists as to the practical operation of the UNCITRAL Arbitration Rules (mainly from the Iran-U.S. Claims Tribunal). The Model Law has been adopted in a variety of states and has been the subject of litigation, while several important jurisdictions have reformed their arbitration laws. The I.C.C. has revised its arbitration rules. The courts have produced many decisions of considerable moment for arbitration in general and institutional arbitration in particular. All such developments and their implications are fully accounted for. One of the main strengths of the book, as with the previous edition, is the ability of the authors to do complete justice to enormously difficult theoretical problems with considerable

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