“For those seeking an ideal combination of theoretical and practical insights to international commercial arbitration, Martinez-Fraga's book (“The American Influence on International Commercial Arbitration”) offers a thought-provoking discussion of issues that have been the subject matter of considerable debate and controversy among practitioners, judges, and scholars grounded in different legal traditions. Tracing the evolution of the concept of “arbitrability”, from Wilko v. Swan to McMahon, the author introduces the reader to the “transformation” of international commercial arbitration into the preferred method for settling international commercial disputes. And the author draws on a rigorous conceptual thinking and a clear theoretical framework in order to discuss the basic tenets which, in his view, distinguish the modern arbitral process from more traditional judicial processes: party autonomy, predictability, party initiative, and discrete and insular judicial intervention in support of arbitration. Thus, Martinez-Fraga draws on his experience as a seasoned practitioner to present compelling arguments on the use and misuse of pretrial 28 U.S.C. Section 1782(a) type of discovery in the arbitration process.

He also relies on a thorough analysis of the most relevant case-law, as well as detailed study of the most relevant arbitration rules (e.g., ICC, ICDR, and LCA Rules) in order to make the case for what Martinez-Fraga envisions as a “new orthodox conception of common law discovery in international arbitration”. “The American Influence on International Commercial Arbitration” is not limited to discuss the Martinez-Fraga's own perspectives on “the taking and gathering of evidence”. Nor should this book be regarded, as the title seems to suggest, as the author's predilection for the proper use of a so-often misunderstood “American style” pretrial discovery. This book also discusses topical issues on international commercial arbitration, such as the use of perjury in arbitration, the proper allocation of arbitral and judicial jurisdiction for determining the validity of the arbitral clause and the main contract containing such clause (discussing the most recent jurisprudential trends on the severability doctrine), and the challenge of the arbitral awards on grounds of “manifiest disregard of the law”. Whether you agree with the author's views, Martinez-Fraga's book provides a thoughtful and thorough response to questions which, as the author acknowledges, being far from certain or definitive, tend to “chang[e] at times in fascinating ways that appear to defy man’s wit”. --Alejandro M.

Garro, Professor of Comparative Law, Columbia University.