Cover of Law and Practice of International Commercial Arbitration

Law and Practice of International Commercial Arbitration

By: Alan Redfern, Martin Hunter

Publisher: Unknown
Published: 2004
Language: Unknown
Format: BOOK
Pages: 659
ISBN: 9780421892903

About This Book

A new edition of Stroud's Judicial Dictionary is always a major event in the world of legal publishing. First published in 1890, Stroud is long-established as the foremost dictionary of the English language as it has been interpreted in the courts and in statutory material.

AI Overview

The book "Law and Practice of International Commercial Arbitration" by Alan Redfern and Martin Hunter, with contributions from Nigel Blackaby and Constantine Partasides, is a seminal treatise on the law and practice of international arbitration. Here is a comprehensive overview of the book:

Key Themes

  1. Chronology of Arbitration:

    • The book follows the chronology of an arbitration process from the drafting of the arbitration agreement to the enforcement of the arbitral award.
  2. Flexibility of International Commercial Arbitration:

    • It demonstrates how the flexibility of international commercial arbitration can be used efficiently and how such arbitrations should be conducted.
  3. Regulation and Practice:

    • The book covers various aspects of international commercial arbitration, including the regulation of arbitration, the validity and analysis of arbitration agreements, the appointment and organization of arbitral tribunals, and the powers and duties of these tribunals.
  4. Recent Developments:

    • The seventh edition has been significantly revised to incorporate the latest significant developments in the field, including changes in investor-state dispute resolution, leading court decisions on arbitration matters, changes in the 'soft law' of leading international arbitral institutions, and the impact of the COVID-19 pandemic on the practice of international arbitration.

Plot Summary

The book is structured to provide a comprehensive introduction to the law and practice of international commercial arbitration. It covers the following key sections:

  1. Introduction to Arbitration:

    • The book begins with an overview of why arbitration is chosen as a method of dispute resolution, its advantages, and its place in alternative dispute resolution (ADR).
  2. Agreement to Arbitrate:

    • It delves into the validity of arbitration agreements, the parties involved, and the analysis of such agreements. It also covers submission agreements, arbitrability, confidentiality, and defective arbitration clauses.
  3. Applicable Laws:

    • The book discusses the laws governing arbitration agreements, the arbitration process, and the substance of the dispute. It also explores conflict rules and the search for applicable law.
  4. Establishment and Organisation of an Arbitral Tribunal:

    • This section covers the background, appointment of arbitrators, their required qualities, independence and impartiality, challenges, and replacement of arbitrators. It also discusses the organization of the arbitral tribunal and its fees and expenses.
  5. Powers, Duties, and Jurisdiction of an Arbitral Tribunal:

    • The book examines the powers and duties of arbitral tribunals, including their jurisdiction and the procedures they follow.

Critical Reception

The book has received widespread acclaim for its comprehensive coverage of international commercial arbitration. It is considered a key learning text for teachers, students, and potential arbitrators worldwide. The seventh edition has been particularly praised for its incorporation of recent developments in the field, making it a valuable resource for practitioners and scholars alike.

The book has been reviewed positively by academic journals and practitioners, highlighting its thoroughness and relevance to current practices in international arbitration. It is often cited in legal literature and is widely read by international lawyers, arbitrators, and judges.

In summary, "Law and Practice of International Commercial Arbitration" by Alan Redfern and Martin Hunter, with contributions from Nigel Blackaby and Constantine Partasides, is a definitive guide to the law and practice of international arbitration. Its comprehensive coverage, recent updates, and critical reception make it an essential resource for anyone involved in international commercial arbitration.