The Application of Substantive Law by International Arbitrators

"The Application of Substantive Law by International Arbitrators" is a book edited by Fabio Bortolotti and Pierre Mayer, published by the ICC Institute of World Business Law. Here is a comprehensive overview of the book:

Key Themes

1. Substantive Law in International Arbitration: The book examines the application of substantive law in international arbitration, focusing on the rules and principles of national laws that arbitrators must consider when making decisions in international disputes.

2. Arbitrator's Role: It delves into the role of arbitrators, including their impartiality, independence, and liability, which are crucial aspects of ensuring fair and just outcomes in international arbitration.

3. Regulation of Arbitral Process: The book discusses the regulation of the arbitral process through procedural soft law, exploring whether this regulation leads to further judicialization of international commercial arbitration.

4. Discovery Practices: It also covers litigation-style practices in international arbitration proceedings, including the use of discovery, which is a significant aspect of ensuring that all relevant information is available to the parties involved.

Plot Summary

The book is structured around several key chapters, each addressing different aspects of the application of substantive law by international arbitrators. It begins with an introduction to the complexities of applying national laws in international arbitration, followed by detailed discussions on the arbitrator's vocation, liability, and the regulation of the arbitral process.

• Arbitrator’s Vocation and Impartiality: The book explores the double standard for arbitrators' impartiality and independence, highlighting the challenges in maintaining these principles in the face of diverse legal systems and cultural backgrounds.

• Regulation of the Arbitral Process: It examines the role of procedural soft law in regulating international arbitration, discussing whether this approach leads to further judicialization of the process. This includes a comparison of regulated, self-regulated, and over-regulated approaches to arbitration.

• Discovery Practices: The book delves into the use of discovery in international arbitration proceedings, discussing its mechanics and implications for the fairness and efficiency of the arbitration process.

Critical Reception

While specific reviews of the book are not provided in the search results, the subject matter and contributors suggest that the book would be highly regarded in academic and professional circles for its comprehensive analysis of the complex issues surrounding the application of substantive law in international arbitration.

• Expertise of Contributors: The involvement of editors like Fabio Bortolotti and Pierre Mayer, who are recognized experts in the field, adds credibility to the book's content. Their contributions are likely to be well-received for their depth of knowledge and practical insights.

• Relevance to Practitioners: The book's focus on practical issues such as arbitrator liability, procedural regulation, and discovery practices makes it relevant to both practitioners and scholars in the field of international arbitration. It provides a valuable resource for those seeking to understand the intricacies of applying substantive law in international arbitration.

In summary, "The Application of Substantive Law by International Arbitrators" is a comprehensive and authoritative resource that explores the critical themes and challenges in international arbitration. Its detailed analysis and expert contributors make it a valuable addition to the literature on international arbitration.