Magazine article Dispute Resolution Journal

Everything You Need to Know about International Commercial Arbitration

Magazine article Dispute Resolution Journal

Everything You Need to Know about International Commercial Arbitration

Article excerpt

Everything You Need to Know About International Commercial Arbitration The Principles and Practice of International Commercial Arbitration By Margaret L. Moses. New York: Cambridge University Press (www.cambridge.org), 2008. Softcover. $29.99. 358 pages.

If anyone ever needs a crash course on international commercial arbitration, this book will come in handy. It provides an overview of the arbitration process, from drafting an arbitration agreement to enforcement of an award. This book has the added benefit of providing insights of international arbitrators who were interviewed by the author.

In a discussion about the practice of examining witnesses in arbitration, arbitrator Mauro Rubino- Sammartano of Italy said he would not discourage direct examination, and that he prefers to hear directly from the witness.

Arbitrator Nicholas Simon of Vienna cautioned against badgering witnesses. "In the continental tradition, arbitrators see cross-examination as a method for eliciting information, not for destruction of a witness," he said.

The method of examining the witnesses at the arbitration hearing reflects the legal background of the arbitrators, explains Margaret Moses, the author of this book and a law professor at Loyola University in Chicago. In civil law, the judge or arbitrator conducts the questioning. In common law, the lawyers do most of the questioning by direct examination and cross-examination, followed by redirect examination.

In another chapter, Moses asks the question that is a thorn in arbitration's side: Do arbitrators render compromise awards? …

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