Precedent in International Arbitration
By: Emmanuel Gaillard, Yas Banifatemi, International Arbitration Institute
About This Book
IAI Series No. 5 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comite Francais de l'Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the book: Arbitrators routinely refer in their decisions to awards rendered by other arbitral tribunals that deal with the same issues. However natural it may seem to arbitrators and to parties who will refer to arbitral precedents in an attempt to support their position, such an approach raises many practical and theoretical questions: Is there such a thing as arbitral precedent? What weight should arbitrators give to decisions previously rendered by other arbitral tribunals? Can arbitral "case law" exist without consistency? Does such consistency exist? Is it necessary or simply desirable? What is the respective weight to be given to arbitral and national case law when arbitrators have to decide a case in accordance with a given law? These are some of the questions that this book explores, in the context of both international commercial arbitration and investment arbitration.
AI Overview
The book "Precedent in International Arbitration" is a comprehensive publication edited by Yas Banifatemi and general editor Emmanuel Gaillard, published by the International Arbitration Institute (IAI) as part of the IAI Series on International Arbitration, No. 5. Here is a detailed overview of the book:
Key Themes
Arbitral Precedent: The book explores the concept of arbitral precedent in international arbitration, questioning whether such precedents exist and what weight arbitrators should give to decisions rendered by other arbitral tribunals.
Consistency in Arbitration: It delves into the need for consistency in international commercial arbitration, examining whether consistency is necessary or merely desirable.
Arbitral Case Law: The book discusses the feasibility and implications of creating an arbitral "case law" system, including the challenges of achieving consistency within such a system.
National vs. Arbitral Case Law: It addresses the relative importance of arbitral and national case law when arbitrators must decide a case according to a given law.
Plot Summary
The book is structured into several parts, each focusing on different aspects of arbitral precedent and its implications in international arbitration. The introductory notes and foreword set the stage for the discussions that follow. The main sections include:
- Part I: International Commercial Arbitration - This part introduces the concept of consistency in international commercial arbitration and explores whether such consistency is necessary.
- Foreword and Definition of "Precedent" - The foreword by Emmanuel Gaillard provides an overview of the importance of the topic, while Barton Legum defines "precedent" in the context of arbitration.
- Contributions from Experts - The book features contributions from various experts in the field, providing diverse perspectives on the issues at hand.
Critical Reception
While specific reviews are not provided in the search results, the book's publication by a reputable institution like the International Arbitration Institute and its inclusion in academic libraries suggest that it is a significant and respected work in the field of international arbitration. The involvement of prominent figures like Emmanuel Gaillard and Yas Banifatemi further underscores its credibility and importance.
Publication Details
- Publication Date: June 2008
- Publisher: Juris Publishing, Inc.
- ISBN: 9781933833149
- Language: English and French
- Pages: iii, 541 pages
- Series: IAI series on international arbitration; no. 5
In summary, "Precedent in International Arbitration" is a comprehensive and authoritative publication that delves into the complex issues surrounding arbitral precedent in international arbitration. It offers a detailed examination of the need for consistency, the role of arbitral case law, and the relative importance of national and arbitral case law. The book's critical reception is implied by its publication by a respected institution and its inclusion in academic libraries.