Planning Efficient Arbitration Proceedings:The Law Applicable in International Arbitration

The book "Planning Efficient Arbitration Proceedings: The Law Applicable in International Arbitration" is a comprehensive guide edited by A.J. Van Den Berg and published by the International Council for Commercial Arbitration (ICCA). Here is a detailed overview of the book:

Key Themes

1. Efficiency in Arbitration Proceedings:

   • The book focuses on improving the efficiency and predictability of international arbitration proceedings. It explores various methods and techniques that arbitrators can use to streamline the process, including the use of formal and informal tools.

2. Law Applicable in International Arbitration:

   • The book delves into the complexities of applying different legal systems during international arbitration. It discusses the law governing the capacity of parties, the law applicable to the arbitration agreement, and the appropriate conflicts-of-law rules to determine the substantive law.

3. UNCITRAL Draft Guidelines:

   • The book highlights the UNCITRAL Draft Guidelines, which provide a written framework for arbitrators to follow while planning proceedings. These guidelines are emphasized as optional to ensure flexibility in solving disputes.

4. Improving Evidence Presentation:

   • One of the key areas of focus is improving the presentation of evidence during arbitration proceedings. This includes discussing methods to make the process more efficient and effective.

5. International Approach to Arbitration:

   • The book emphasizes the need for a more standardized and international approach to arbitration proceedings. It argues against parochial national preferences that could create unnecessary obstructions.

Plot Summary

The book is divided into two main working groups:

1. Working Group I: Planning Efficient Arbitration Proceedings:

   • This group focuses on the arbitrator's ability to plan proceedings efficiently. It discusses various formal and informal methods, including the use of UNCITRAL Draft Guidelines, to improve the efficiency of arbitration.

2. Working Group II: The Law Applicable in International Arbitration:

   • This group addresses the complexities that arise when the law applicable to the substance of a dispute and the law governing the procedure are different. It also explores other relevant systems of law, such as the law governing the capacity of parties and the appropriate conflicts-of-law rules.

Critical Reception

While specific reviews of the book are not provided in the sources, the context suggests that it has been well-received by the international arbitration community. The book's focus on improving efficiency and predictability in arbitration proceedings aligns with the broader goals of the ICCA, which is to enhance the practice of commercial arbitration globally.

The book's emphasis on standardized international approaches and its use of UNCITRAL Draft Guidelines indicate a high level of professionalism and expertise in the field. The critical reception likely reflects positively on its comprehensive coverage of complex arbitration issues, making it a valuable resource for practitioners and scholars alike.

Additional Context

• Publication Context: The book was part of the ICCA's 12th International Arbitration Congress held in Vienna in November 1994. This context suggests that the book reflects the state of international arbitration at that time and has contributed significantly to the development of best practices in the field.

In summary, "Planning Efficient Arbitration Proceedings: The Law Applicable in International Arbitration" is a seminal work that provides a detailed analysis of the legal and procedural aspects of international arbitration. Its focus on efficiency, predictability, and standardized international approaches makes it a critical resource for practitioners and scholars in the field of commercial arbitration.