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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - EFFECTIVE DISPUTE RESOLUTION FOR THE INTERNATIONAL COMMERCIAL LAWYER

EFFECTIVE DISPUTE RESOLUTION FOR THE INTERNATIONAL COMMERCIAL LAWYER edited by Peter Summerfield, Nabarro & Nathanson, London, and Dennis Campbell, Director, Centre for International Legal Studies, Salzburg. Kluwer, Deventer (1989, viii and 230 pp.). Paperback £31.
This slim volume is a compilation of 15 papers plus discussion, the proceedings of a conference attended by a cosmopolitan group of practising lawyers in the Austrian Tyrol in January 1988. These papers address various aspects of dispute resolution of relevance to the international commercial lawyer, all of which have arisen within the experience of the authors.
I feel that there can be little doubt that the whole point of such conferences lies in this latter facet. The majority of contributors are drawn from the ranks of practising commercial lawyers and ipso facto are uniquely placed to describe dispute resolution from a pragmatic viewpoint; the papers describe what does happen when disputes arise rather than what might or ought to happen in theory. As such, I have always found such compilations very useful adjuncts to the teaching of international trade law, precisely because they act as an antidote to the commonly held view among commercial law students fresh from university that there must be a legal answer to every dispute which is to be dispensed by a court. It must be said that such a view is quickly dispelled by a very brief acquaintance with a legal practice when most disputes are resolved without resort to a formal court appearance. However, I do feel that it is a misconception which law teachers should take pains to avoid. Indeed the very nature of an international commercial dispute militates against the use of litigation. The two articles which appear under the heading “Before the Battle Commences” are particularly illuminating, as they deal with tactics and various methods of avoiding litigation. As Amnon Rafael writes:
The very lack of the parties’ desire to litigate is certainly to be regarded as a badge of suc-

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