Andrea Marco Steingruber, CONSENT IN INTERNATIONAL ARBITRATION Oxford: Oxford University Press (www.oup.com), 2012. xlviii + 366 pp. ISBN 9780199698158. £135.
| Published date | 01 September 2013 |
| Pages | 445-447 |
| Author | Christopher Kee |
| Date | 01 September 2013 |
| DOI | 10.3366/elr.2013.0182 |
This book by Steingruber addresses an extraordinarily important issue in all forms of arbitration – consent. Addressing consent across all types of arbitration is an ambitious task, which, on the whole, Steingruber does well. In the words of its author, the book “will be less in depth on some issues. The book will often make reference to … literature permitting the reader to deepen specific aspects” (para 1.20). Such a delimitation and approach appears to be necessary, as to have done otherwise may well have produced an unwieldy tome – which this is not.
The book is structured into three parts. In the first Part, Steingruber examines the “consensual nature of arbitration”. Parts II and III consider commercial arbitration and investment arbitration respectively. From a glance at the table of contents, one might draw the impression that commercial arbitration is considered as a nebulous body and not divided into domestic and international. This would be the wrong impression. One should not forget that the title of the book notes the inquiry is directed at the international sphere. As one would expect there are comparisons and examples drawn from the domestic sphere when appropriate.
Part I provides an important doctrinal and philosophical backdrop to the latter two parts. Drawn across four chapters (chs 2–5), Steingruber begins with a consideration of the evolution of arbitration and its consensual nature. The discussion here introduces the reader to the idea that the traditional understanding of what is meant by consent (at least in so far as it is used is in arbitration) can be challenged and that a more modern understanding may be developing. In chapter 3 the issue of arbitrability is raised. At this point it is objective arbitrability which is up for discussion; subjective arbitrability is raised in chapter 7. The link is made between practical difficulties associated with obtaining and giving consent and the areas/topics which are decided to be objectively inarbitrable. This rationale for objective arbitrability is thought provoking and a further exploration of it would have been interesting.
As noted, Part II of the book addresses itself to commercial arbitration. This is done across five chapters (chs 6–10) and begins with the valid reaching of mutual consent to arbitration. Other topics include scope and interpretation of consent; consent with a perceived reduced consensual character; extension of consent and consent related to procedural...
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