May 25th 2019, 18:43

FROM A PRACTITIONER PERSPECTIVE: INTERNATIONAL ARBITRATION CLEARLY EXPLAINED

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor of “The Barrister”

As business grows ever more multi-national, so the need for international arbitration becomes increasingly urgent. For practitioners keen to enhance their understanding of this fast-developing area of law, this text from (the aptly named) Globe Law and Business is ideal.

But is international arbitration - strictly speaking - an ‘area of law’? Co-authors Stuart Dutson, Andy Moody and Neil Ewing — all from Eversheds Arbitration Group in London — are content that it is. They refer to it specifically as ‘a separate discipline within the law’ as evidenced by the procedures and practices applied within it.

“Said practices and procedures”, they say, are not presented in the way that court rules are delineated, pointing out that the court rules of the High Court of England and Wales contained in the White Book comprise two volumes (totaling around 4,000 pages at last count.)

Be prepared to be amazed then, by the revelation that the arbitral rules of most leading institutions can be contained in only a few pages.

‘International arbitration’, they remind us, ‘is merely a form of dispute resolution,’ yet obviously as thornily complex as the dispute itself. Parties who select this method of resolving disputes have therefore chosen it as an alternative to the courts.

Nonetheless, the underlying law and rules of international arbitration need to be examined and explained in a clear, straightforward manner which is what this book very skillfully does, as we are reassured at the outset that the final decision of an arbitrator, or arbitral tribunal is an award that is ‘final and binding on the parties.’

Written with the practitioner in mind, the book is logically organised, with a detailed table of contents and index, plus the time-saving feature of useful tips galore, highlighted in boxed shaded sections throughout.

Another useful feature ‘which makes the book well-nigh indispensable for arbitrators` is the 64-page appendix containing a lengthy ‘Table of Comparison of Rules’ which, to cite only one example, compares Swiss Rules with UNCITRAL rules — and many more.

The case for choosing international arbitration is stated in a succinct and convincing manner and the arbitration process from pre-commencement of proceedings to the hearing itself and beyond are carefully explained, including the legal framework and such matters as pleadings, witness evidence and, more besides. Equally important are the final chapters on costs and the enforcement of the award, or for that matter, challenging it.

Here then is a practical guide to the international arbitration process. International lawyers or indeed anyone interested in this fast-developing area of practice would do well to acquire it.

"The book doesn't just explain what arbitration is and how it works; the authors also give their own practical tips on each issue. The book is therefore an extremely useful and practical read for all practitioners involved in arbitral procedures. We recommend it" AIA (Association for International Arbitration)