Book review: Erik Schдfer, Herman Verbist and Christophe Imhoos: L'Arbitrage de la Chambre de Commerce International (CCI) en Practique - SAR 2003 - 2
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This book is written by three former legal counsel of the Secretariat of
the ICC International Court of Arbitration (the “ICC Court”), originating
from respectively Germany, Belgium and Switzerland. The book is written
in the French language, but constitutes essentially a translation of a German
version written by same authors. The German version was published in
2000 and has been reviewed in the Stockholm Arbitration Report (2000:2,
page 191-193) by Mr. Dahmen Ben Abderrahmane, Avocat au Barreau de
Paris in the French language.
The greater part of the book (Chapter III, pages 27-209) consists of a
detailed article by article commentary of the ICC Arbitration Rules in force
as from 1 January 1998. The commentary contains comprehensive
information on how the ICC Arbitration Rules are interpreted and applied
in practice by the ICC Institutions and constitute as such a useful tool
especially for those who arbitrate in French under the ICC Arbitration
Rules, as arbitrators or counsel for one of the parties in dispute.
The commentary part of the book is preceded by an “Introduction”
(Chapter I, page 1-16). The introduction contains a good and concise
description of the fundamental characteristics of arbitration in general,
including the differences between ad hoc and institutional arbitration.
Focus here, and throughout the book, is on international arbitration.
Emphasis is very relevantly put (page 6) on the New York Convention on
the Recognition and Enforcement of Arbitral Awards as one of the most
important elements in favour of the use of arbitration in international
disputes. The New York Convention and the UNCITRAL Model Law on
International Commercial Arbitration as well as relevant parts of the
German, Belgian and French Procedural Codes are further annexed in the
French language, something which again adds to the quality of the book as
a comprehensive handbook for a practitioner of arbitration in French.
The introduction is followed by a Chapter II (page 17-26), presenting the
specifics of the ICC Court, its organisation and its functions in general. It is
underlined that the ICC Court, in spite of its name, is not a court, but also