In this work Professor Cremades gives an account from the Spanish legal viewpoint of International Commercial Arbitration. He opens the subject matter with an Introduction which underlines the increasing relevance of arbitration in Spain, particularly through expanding foreign investment in the country. The author also considers the main features of the Spanish Private Law Arbitration Act 1953. He observes that the law is rather restrictive in its application and obsolete in its purposes. He devotes particular attention to the arbitrators’ appointment provision. According to that particular ruling the parties have to nominate the members by common agreement but neither individuals nor associations can be appointed. Thus, vigorous arbitration institutions such as the Court of Arbitration and the Association of Arbitration can have no place under Spanish law. As a matter of fact, in a great number of cases the Supreme Court (see pp. 213-245) denied the enforcement of foreign awards on the grounds of choice of arbitrators by an institution.

The difficulties caused by the inadequacy of the arbitration clause is pointed out in the next chapter, which attempts to discuss the situation and to make suggestions for the avoidance of the difficulties. The text of the arbitration clause can contribute to the harmony between different national systems provided they adopt certain general principles. When the clause exists, the application of the arbitration emanates not only by ratification of the Convention but also as a consequence of the “pacta sunt servanda” principle.

Other questions deal with the arbitration procedure and the enforcement of foreign awards. Referring to the former, Professor Cremades points out that the Spanish courts draw a clear distinction between the law governing the contract and the law applicable to the arbitration procedure. From this distinction he examines the rules of procedure on the UNCITRAL draft. The author gives a survey of the procedure under the Rules of Conciliation and Arbitration of the International Chamber of Commerce as well. Here, as elsewhere in the book, the comment, as a complement to the actual text, is of great advantage. However, in the last chapter on “Execution of Foreign Arbitral Awards,” a fuller description of the questions raised by the New York Convention of 1958 would have been useful.

Finally, the author reminds us that Spain has ratified the European Convention on International Commercial Arbitration, done at Geneva in 1961. As is well known, the aim of the Convention is to resolve specific difficulties which might occur within the “Old” Continent. The Convention recognises the validity of an agreement not made in writing, provided that the municipal law of the countries concerned so permits. Unfortunately, Spanish law requires not only a written agreement but furthermore either a document produced by a Public Notary or a judgment of the court. Professor Cremades pays attention to the problem raised by that provision and offers some ideas that future legislators should take into account.