Professional Documents
Culture Documents
Citations:
Please note: citations are provided as a general guideline. Users should consult their preferred
citation format's style manual for proper citation formatting.
-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and
Conditions of the license agreement available at
https://heinonline.org/HOL/License
-- The search text of this PDF is generated from uncorrected OCR text.
-- To obtain permission to use this article beyond the scope of your license, please use:
Copyright Information
BOOK REVIEWS 97
ProcedureandEvidenceinInternationalArbitrationbyProfessorJeffreyWaincymer
provides a lucid and exhaustive exploration, comparative review and analysis
of key evidence and procedural issues in international arbitration. While it
focuses on commercial arbitration, it also makes reference to investment
arbitration. In the course of this, Professor Waincymer outlines supporting
or interrelating substantive principles of international arbitration and also
describes and analyses comparative law issues that arise.
In his Preface to the work, Professor Waincymer describes his aim in
writing it as being to 'combine practical analysis of the procedural and
evidentiary stages of international arbitration with a theoretical and
comparative perspective in order to identify optimal solutions to promote
fairness and efficiency'. He says that he has concentrated on practice and
procedure to fill a gap he perceives to exist between general introductory
international arbitration works and detailed works on the laws and rules
of various key jurisdictions. He comments that he has endeavoured to be
'more exhaustive as to general issues and practical options' but not to focus
on every relevant rule or case wherever they may be found.
This work looks at issues from varying perspectives including those of
arbitrators, parties, counsel, institutions and courts and the reconciliation
of the tension that can regularly arise between fairness and efficiency where
different legal cultures are involved. The relationship between the tribunal's
power and duty to act fairly and efficiently in an objective sense and the
extent of the parties' autonomy to determine the procedural conduct of
the arbitration is also considered.
As Professor Michael Pryles writes in his Foreword to the text, while its
title 'suggests a book of limited compass, a scrutiny of its Table of Contents
quickly reveals otherwise'.
Professor Waincymer's text is organised into three parts (consisting of a
total of 16 chapters over nearly 1,350 pages) as follows:
(I) Policy and Principles;
(II) The Process of Arbitration; and
(III) The Award.
In Part I, Professor Waincymer discusses the nature of international arbitration,
the specific role of procedure in international arbitration and the policy
criteria for evaluating procedural models (Chapter 1), and then discusses in
some detail the powers, rights and duties of arbitrators (Chapter 2).
98 DisPuTE RESOLUTION INTERNATIONAL Vol 8 No 1 May 2014
Kim Rooney
Arbitratorand Barrister Hong Kong