This latest edition of the previously titled Law and Practice of International Commercial Arbitration, now re-branded as Redfern and Hunter on International Arbitration for the fifth edition, heralds a certain changing of the guard for this well-known international arbitration text. The now titular-referenced original authors have relinquished primary responsibility for the book to their more recent co-authors, such that it is now said to be “by” Blackaby and Partasides “with” Redfern and Hunter, a reversal of the fourth edition's attributions. In discussing this transition of principal authoring responsibilities, the book's preface explains that Redfern and Hunter nonetheless remained intimately involved in preparing the fifth edition, having penned two “key”, albeit unspecified, chapters and maintaining a reviewing eye over the remainder of the book. In fact, this succession recalls an earlier handing over of the reins between the same four individuals, Blackaby and Partasides currently being partners in Freshfields Bruckhaus Deringer's international arbitration group, a practice which was largely created by Redfern and Hunter during their time as partners in that same firm. There has also been a change in publisher for the latest edition, with Oxford University Press replacing Sweet & Maxwell.
The last edition was considered by many as something of a “go to” authority on international arbitration and the latest edition has maintained the book's quality of succinct clarity. The pragmatic approach of adopting a structure which guides the reader through each progressive stage of the arbitral process also remains, although the chapters on the arbitration agreement and applicable laws have been reversed in order. Those familiar with the previous edition will note that significant amounts of material remain unchanged in the fifth edition. However, new content has been added to each chapter along with a re-editing of the surviving material, the amount of new content and revision varying between chapters.
Addressing an area of legal practice that is inherently international, Redfern and Hunter, by eschewing a grounding or focus on any particular jurisdiction, continues to be a text which should be of use as a general reference point for all practitioners engaged in or potentially facing international arbitration proceedings, wherever they happen to practise. Indeed, the authors have disclosed their efforts to make the latest edition of their work even more internationally relevant, with increased attention paid in particular to the arbitration law and practice of the jurisdictions of the United States, Brazil, Russia, India, and China.
While the earlier editions of the book were restricted to addressing what is sometimes called “international commercial arbitration”, the fourth edition expanded its coverage by adding a discrete chapter on investment treaty arbitration, which the fifth edition has retained and further developed. In addition, the chapter dedicated to investment treaty arbitration has been reshuffled from its previous position as the final chapter to now preceding the chapters on the rendering, challenging, and enforcement of awards. Thus, Redfern and Hunter's treatment of investment treaty arbitration appears less like an afterthought, and along with the removal of “commercial” from the title, implies the intent to present an all-embracing account of contemporary international arbitration.
As would be expected, the authorities referred to in the book have been updated to include cases and arbitration awards decided in the time which has passed since the previous edition's publication. Particularly notable is the significant expansion in the number of arbitration awards which are referenced. The index too has evidently been subject to thorough revision, being substantially longer and more detailed than was previously the case. The inclusion of a summary-contents page has added another useful aid for quickly locating the desired content.
As a text within a field that continues to receive greater interest and mounting numbers of publications, Redfern and Hunter is also notable for its relatively compact size. Standing at 849 pages, it sits at the briefer end of the spectrum when compared against another prominent text, Gary Born's International Commercial Arbitration, the two volumes of which weigh in at a momentous 3,259 pages. Happily, Redfern and Hunter's relative brevity is complemented by its prose style, which reads at a swift clip and takes a to-the-point approach in disseminating its account of international arbitration. This combination recommends itself equally to students and practitioners.
Over the past few editions a practice has emerged for a new edition of Redfern and Hunter to be published every five years or so, helping to preserve the relevance of the text to an area of practice which can be subject to significant changes in best practice, institutional rules, and case-law and arbitration awards over the course of a five-year period. With this in mind, the authors mention their awareness of an impending revision to the UNCITRAL (United Nations Commission on International Trade Law) arbitration rules and potential amendments to the ICC (International Code Council) and LCIA (London Court of International Arbitration) arbitration rules, which could leave the work out of date in that respect at an unfortunately early point in its normal five-year cycle. While revised UNCITRAL rules have indeed been published, as of January 2011 the release of revised ICC and LCIA rules do not appear to be pressingly imminent.
