Understanding Transnational Commercial Arbitration

The book "Understanding Transnational Commercial Arbitration" is a comprehensive guide to the subject of transnational commercial arbitration, focusing on the practical aspects of international commercial arbitration (ICA). Here is a detailed overview of the book:

Key Themes

1. Arbitration Agreement: The book discusses the importance and legal implications of the arbitration agreement in international commercial disputes.
2. Applicable Procedural Law: It examines the procedural laws that govern arbitration, including the rules and regulations set by international organizations like UNCITRAL.
3. Appointment of Arbitrators: The book delves into the process of appointing arbitrators, including the role of institutions like the International Chamber of Commerce (ICC) and the International Bar Association (IBA).
4. Arbitral Procedure: It provides a detailed overview of the arbitral process, including the conduct of hearings, the submission of evidence, and the rendering of the final award.
5. Recognition and Enforcement: The book addresses the critical issue of recognizing and enforcing foreign arbitral awards, highlighting the legal frameworks and challenges involved.
6. Teaching and Training: It also covers the methods and tools used in teaching and training for transnational commercial arbitration, making it a valuable resource for law students and young practicing lawyers.

Plot Summary

The book is structured to provide a comprehensive understanding of transnational commercial arbitration through contributions from various experts in the field. The chapters are authored by specialists who bring different perspectives to the subject:

• Klaus Peter Berger provides an overview of commercial arbitration as a means of dispute settlement in international business, discussing key aspects such as the arbitration agreement, applicable procedural law, appointment of arbitrators, arbitral procedure, and the rendering of the final award.
• Pieter Sanders highlights the harmonizing influence of UNCITRAL on arbitration and conciliation.
• Yves Derains examines the rules and activities of the International Chamber of Commerce (ICC) in Paris.
• Hilmar Raeschke-Kessler discusses the methods used by arbitral tribunals to establish facts based on the Rules of Evidence of the International Bar Association (IBA).
• Volker Nienaber deals with the issue of recognition and enforcement of foreign arbitral awards.
• Friedrich Blase provides an overview of teaching and training methods in transnational commercial arbitration.

Critical Reception

While specific reviews of the book are not provided in the sources, the book is described as ideal for law students and young practicing lawyers. It is noted to be a valuable teaching tool at law schools and for in-house training courses of international law firms. The comprehensive nature of the book, covering various aspects of transnational commercial arbitration, suggests that it would be well-received by professionals and students in the field.

Materials Included

The book includes several key materials relevant to transnational commercial arbitration:

• UNCITRAL Arbitration Rules (2010)
• UNCITRAL Conciliation Rules (1980)
• IBA Rules of Evidence (2010)
• ICC Arbitration Rules (2012)
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

These materials are essential for understanding the practical application of arbitration in international commercial disputes.