Book Reviews

Abstract

International Commercial Arbitration – Party Autonomy and Mandatory Rules, by Giuditta Cordero Moss. Published by Tano Ascheloug, Norway (1999, 440 pp.). Hardcover. Price NOK 598. ISBN 82-518-3949-1. The question whether and to what extent party autonomy may be limited by mandatory rules of law in the context of international commercial arbitration is one of those fundamental yet elusive issues with which most arbitration practitioners will be confronted on a regular basis. The author of this comprehensive book, which has been submitted to the Faculty of Law of Oslo University in Norway for the Degree of Doctor Juris, says that one of her first encounters with the subject was when, in practice as in-house counsel in a Norwegian company, she had to consider the effects of EC competition law on a Swiss law agreement which contained an arbitration clause. Given Ms Moss’ impressive academic and professional background, which includes study in Italy, Russia and Norway, as well as practical experience in both Italy and Norway, it is with interest and expectation that one opens this book. Ms Moss’ study of the implications of mandatory rules of law – defined extensively – on party autonomy, defined as the conflict rule that permits the parties to choose the governing law of their agreement, is first and foremost an impressive exercise in comparative law. From the starting point of the Norwegian legal system, Ms Moss ranges widely, drawing parallels and observations from the laws of England, France, Italy, Sweden and Switzerland, as well as from other legal systems in passing. The book is divided into three parts, ‘Party Autonomy’, ‘International Commercial Arbitration’ and ‘International Commercial Arbitration – The Friction Between Party Autonomy …