International Commercial Arbitration

Introduction

International Commercial Arbitration - Research Guide International Law

International Commercial Arbitration is a method of private dispute resolution whereby the parties to an international business contract agree to have their disputes resolved by one or more private individuals, i.e., the arbitrators rather than by a court of law.  It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision of the arbitrator(s) is final and binding on the parties on the basis of their initial agreement to arbitrate. In case the arbitral decision (award) is not carried out by the losing party, performance of it may be enforced through national court proceedings.

This Research Guide is intended as a starting point for research on International Commercial Arbitration. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 322. International Law of Procedure: Arbitration and subject heading (keyword) International Commercial Arbitration are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Is your Arbitration Agreement Valid in the Arab Emirates?
Is your Arbitration Agreement Valid in the Arab Emirates? / Saloni Kantaria In: Arbitration = ISSN 0003-7877: vol. 80, issue 1, page 16-27. - 2014
Keywords: United Arab Emirates, Arbitration clause, Legal regime, International commercial arbitration,

2. Appointment of an Arbitrator by a Court
Appointment of an Arbitrator by a Court : a Problem in the UNCITRAL Model Law! / Nuwan Peiris In: Arbitration = ISSN 0003-7877: vol. 80, issue 1, page 117-119. - 2014
Keywords: Sri Lanka, UNCITRAL Model Law on International Commercial Arbitration, International commercial arbitration, Supreme court, Judges, Cases,

3. The New ICC Rules of Arbitration
The New ICC Rules of Arbitration : how have they fared after the First 18 Months? / Jason Fry, Simon Greenberg In: International Arbitration Law Review = ISSN 1367-8272: vol. 16, issue 6, page 171-178. - 2013
Keywords: International Chamber of Commerce, International commercial arbitration, Regulation,

4. UNCITRAL Arbitration Rules
UNCITRAL Arbitration Rules : Institutional Reform / Markus S. Rieder, Andrea Ernst In: International Arbitration Law Review = ISSN 1367-8272: vol. 16, issue 6, page 179-184. - 2013
Keywords: United Nations Commission on International Trade Law, International commercial arbitration, Regulation, Reform,

5. UNCITRAL's Efforts to ensure Transparency
UNCITRAL's Efforts to ensure Transparency : right back where we started from / J. Cameron Murphy In: International Arbitration Law Review = ISSN 1367-8272: vol. 16, issue 6, page 185-187. - 2013
Keywords: United Nations Commission on International Trade Law, International commercial arbitration, Foreign direct investment, Confidentiality, Transparency,

6. CIETAC's New Arbitration Rules
CIETAC's New Arbitration Rules / James Rogers, Matthew Townsend, Trevor Tan In: International Arbitration Law Review = ISSN 1367-8272: vol. 16, issue 6, page 188-191. - 2013
Keywords: China, International commercial arbitration, Regulation,

7. Institutional Rule Reforms
Institutional Rule Reforms : SCC / Kristoffer Löf, Kristoffer Stråth In: International Arbitration Law Review = ISSN 1367-8272: vol. 16, issue 6, page 192-197. - 2013
Keywords: Stockholm, International commercial arbitration, Regulation, Reform,

8. The New Arbitration Rules of the Vienna International Arbitral Centre (Vienna Rules 2013)
The New Arbitration Rules of the Vienna International Arbitral Centre (Vienna Rules 2013) / Alice Fremuth-Wolf, Yoanna Schuch In: International Arbitration Law Review = ISSN 1367-8272: vol. 16, issue 6, page 198-204. - 2013
Keywords: Vienna, International commercial arbitration, Regulation, Procedure,

9. The ADR-Portfolio of the DIS
The ADR-Portfolio of the DIS / Francesca Mazza In: International Arbitration Law Review = ISSN 1367-8272: vol. 16, issue 6, page 205-208. - 2013
Keywords: Germany, International commercial arbitration, Alternative dispute resolution, Regulation,

Librarian's choice

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  • Paulsson, J., The Idea of Abitration, Oxford, Oxford University Press, 2013.

    Paulsson, J., The Idea of Abitration, Oxford, Oxford University Press, 2013.

    What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life.

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  • Conrad, N., International Commercial Arbitration: Standard Clauses and Forms: Commentary, Basel, Helbing Lichtenhahn, 2013. Showcase item

    Conrad, N., International Commercial Arbitration: Standard Clauses and Forms: Commentary, Basel, Helbing Lichtenhahn, 2013.

    This comprehensive handbook provides the full range of clauses, forms and documents needed by practitioners in the course of arbitral proceedings as well as commentaries based on scientific principles and insider know-how with regard to arbitration in specific countries. The book encompasses all the different types of forms and documents needed from the beginning of arbitral proceedings right through to the issuing of the arbitral award, and as such will be an indispensable working instrument for practitioners. Furthermore, it includes expert and insightful commentary on the principles at work, and offers insider know-how on arbitration processes in specific countries, including the Asian countries (which are rapidly becoming important in the field of international arbitration). This is a handbook which will assist the practitioner – whether lawyer, counsel or arbitrator – to traverse the minefield of arbitral proceedings.

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  • Arroyo, M., Arbitration in Switzerland: the Practitioner's Guide, Alphen aan den Rijn, Wolter Kluwer, Law and Business, 2013.

    Arroyo, M., Arbitration in Switzerland: the Practitioner's Guide, Alphen aan den Rijn, Wolter Kluwer, Law and Business, 2013.

    This book shows practitioners how to navigate all the practical details of any kind of arbitration in any of the many venues located in Switzerland. Whether a dispute involves intellectual property, construction, trusts, sports, investment, or any of the other problem areas where arbitration promises the best resolution, arbitrators and the parties they represent will find all the information and guidance they need here. Included are such topics as the following (and much more), each covered in a variety of institutional and case-related contexts, conduct of the arbitration, interim measures, including those issued by emergency arbitrators, taking of evidence, parallel proceedings, multi-party and multi-contract arbitrations, multi-tiered and hybrid arbitration clauses, recognition and enforcement of awards, including grounds for refusal, setting aside of awards and revision of awards. The book also draws on Switzerland’s large body of case law on arbitration, which substantially enhances reliability and predictability for foreign parties. There is every indication that Switzerland will continue to follow developments in international arbitration and take the needs of arbitration users into consideration in an environment of increased competition.

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  • Born, G., International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Alphen aan den Rijn, Kluwer Law International, 2013. Showcase item

    Born, G., International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Alphen aan den Rijn, Kluwer Law International, 2013.

    International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters.

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  • Geisinger, E. and G. Tattevin, Advocacy in International Commercial Arbitration, Huntington, Juris, 2013. Showcase item

    Geisinger, E. and G. Tattevin, Advocacy in International Commercial Arbitration, Huntington, Juris, 2013.

    Corporate counsel, arbitrators and lawyers discuss their experiences with advocates in international arbitration, their expectations of good advocacy in a critical analysis of The ASA Charter of Advocacy in International Commercial Arbitration. The issues discussed include, differences in culture and style, evolution of the role model over time, the relationship with the client and the tribunal, the relationship with witnesses and experts and the use of consultants and their management.

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  • Schütze, R., Institutional Arbitration: Article-by-Article Commentary, München, Beck, 2013.

    Schütze, R., Institutional Arbitration: Article-by-Article Commentary, München, Beck, 2013.

    International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration, where a specialized institution with a permanent organization provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences, to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 15 important arbitration institutions.

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  • Cordero-Moss, G., International Commercial Arbitration: Different Forms and their Features, Cambridge, Cambridge University Press, 2013.

    Cordero-Moss, G., International Commercial Arbitration: Different Forms and their Features, Cambridge, Cambridge University Press, 2013.

    Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.

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  • Ashford, P., The IBA Rules on the Taking of Evidence in International Arbitration: A Guide, Cambridge, Cambridge University Press, 2013.

    Ashford, P., The IBA Rules on the Taking of Evidence in International Arbitration: A Guide, Cambridge, Cambridge University Press, 2013.

    The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.

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  • Ali, S.F. and T. Ginsburg, International Commercial Arbitration in Asia, New York, Juris, 2013.

    Ali, S.F. and T. Ginsburg, International Commercial Arbitration in Asia, New York, Juris, 2013.

    The chapters of this treatise provide an in-depth introduction to the laws and institutions involved with commercial arbitration in each of Asia’s leading trading nations. The authors of the work describe and analyze in detail the dramatic changes that have occurred throughout Asia during the last few years in the domestic legal environments for international arbitration. It includes chapters on commercial arbitration and dispute resolution in the 11 leading trading nations and jurisdictions of Asia: China, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore Taiwan, Thailand and Vietnam.

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Database

  • Kluwer  Arbitration Online : A fully-searchable database of primary and secondary materials in the field of International Arbitration and International Commercial Arbitration, with access to full-text downloads of materialsFully. Searching and browsing is quick and simple, as the database has been organized into the following specific arbitration categories: Bilateral Investment Treaties (BITs), Conventions, Countries, Model Clauses, Legislation, NY Convention Decisions, Organizations and Rules but also e-books, journals and loose-leafs.  Each main category is further grouped into the regions Asia, Europe, Africa, North America, South America and Oceania. 
  • Oxford Reports on International Investment Claims : Oxford Reports on International Investment Claims offers headnotes and commentaries by practicioners and scholars. The content of the database, approximately 200 cases for the November 2008 launch, is peer-reviewed by an expert editorial board. It also provides translations of key passages for all non-English judgments. The database includes decisions and awards from London Court of International Arbitration, International Centre for Settlement of Investment Disputes, International Chamber of Commerce, Association of Southeast Asian Nations and Permanent Court of Arbitration.
  • WESTLAW International Arbitration Databases : covers a wide range of international arbitration materials, including those of international and national arbitration organizations and tribunals. For example, International Commercial Arbitration – All (database identifier ICA-ALL) combines many of the WESTLAW materials on international commercial arbitration in one database. Westlaw has also created an Arbitration tab that puts all its arbitration databases on one screen.  You can also see a list of all Westlaw international arbitration databases by searching the WESTLAW Database Directory.
  • Max Planck Encyclopedia of Public International Law, Commercial Arbitration, International, by Richard H. Kreindler and Rita Heinemann.
  • Max Planck Encyclopedia of Public International Law, Inter-American Commercial Arbitration Commission (IACAC), by Santiago Montt.
  • Max Planck Encyclopedia of Public International Law, Commercial Arbitration and Mediation Center for the Americas (CAMCA), by Andrea Ernst.
  • Max Planck Encyclopedia of Public International Law, Specific Cases and Decisions.
  • IA Reporter (Investment Arbitration Reporter): Investment Arbitration Reporter is an electronic news service tracking international arbitrations between foreign investors and their host governments.
  • TradeLawGuide provides full-text of official awards, decisions and other WTO documents and .notes up. WTO decisions by tracking how subsequent WTO reports, awards and decisions have considered specific passages in WTO jurisprudence. The database features a citator that collects all jurisprudence under a treaty provision for the WTO system and also offers a treaty interpretation, terms & phrases and other tools. WTO law has been referred to frequently in investor-state arbitrations in various contexts. Tribunals have explicitly found that WTO law is relevant to investor-state arbitration. Therefore the database contains a special section on WTO Law in Investment Arbitration.
  • Worldtradelaw.net: legal research database for international trade law issues, providing key WTO/GATT texts and dispute decisions, summaries and analysis. You can search in the index of the World Trade Organization reports and arbitrations, articles on trade law and selected amicus submissions in WTO disputes.

See also

More Research guides on Private International Law

PPL keywords

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