Title: Arbitration: Commentary and Sources by Ercus Stewart
Abstract: This book marks the recent adoption by Ireland of the UNCITRAL Model Law in the form of the Arbitration (International Commercial) Act 1998. The 1998 Act has amended the previous arbitration statutes and, in particular, domestic arbitration in relation to interest and small claims. There remain, however, other statutes dealing with arbitration in specific contexts, such as, industrial relations and employment law. As regards private commercial arbitration in Ireland, the main statutory source remains the Arbitration Act 1954 as well as the amendments in the Arbitration Acts 1980 and 1998. The 1998 Act supports other local initiatives to attract international arbitration to Ireland, such as the opening of the American Arbitration Association's international office in Dublin, called the International Centre for Dispute Resolution (ICDR). This book is a very enthusiastic treatise designed to promote Ireland as an attractive place for arbitration, to reflect the advantages of Irish law, and to focus on the supportive approach of the Irish courts. The overall approach, however, is somewhat generalised and descriptive in nature, with disappointingly little detailed legal analysis. Indeed, much of the book's conclusions are based more on aspiration than experience, perhaps because of a lack of case-law since the inception of the new Act. At the outset, the author asserts that in Ireland, there has been very little interference by either the government/legislature or the courts with the arbitral process. The courts have a ‘hands-off’ approach to a great extent, and, to quote the author, ‘Since the Arbitration (International Commercial) Act 1998, the now more positive and helpful (even though non-interfering) support for international arbitration [by the courts] will be of immense help, particularly in developing international arbitration in Ireland (which Ireland should be particularly suited for).’ Such statements recur throughout the book, yet there is very little information about or analysis of arbitration cases that yield this conclusion. The section on arbitration cases decided in Irish courts consists, for the most part, of cases decided before the enactment of the new legislation. One cannot help but wonder whether that is because the courts are ‘non-interfering’ or that there have simply not been enough international arbitration cases in Ireland to warrant any arbitral activity by the courts.
Publication Year: 2003
Publication Date: 2003-12-01
Language: en
Type: article
Indexed In: ['crossref']
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