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.
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This book combines an unparalleled familiarity with the key theoretical and practical books in the field and a keen awareness, from procedural and evidentiary perspectives, of what arbitral tribunals and practitioners actually do – or should do. Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views.
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Comparison of MENA International Arbitration Rules is a companion volume to Comparison of Gulf International Arbitration Rules and contains a detailed chart of parallel provisions of leading sets of institutional arbitration rules used in the MENA jurisdictions, including Algeria, Egypt, Jordan, Lebanon, Morocco, Tunisia and Turkey. It follows the same structure as its companion volume. It is aimed at international legal counsel and business individuals who seek swift initial guidance on the core parameters of the various arbitration mechanisms available in the MENA region and to help draft healthy arbitration provisions for use in contracts involving business in the region.
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This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The book highlights the challenges facing the institution of arbitration, and identifies the opportunities available for its development as an institution. This volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
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This book deals with consolidation of arbitral disputes pending before either the International Chamber of Commerce or the Swiss Chambers of Commerce. It is mainly concerned with determining both the logical and the legal justifications for these rules, using Switzerland as the seat country and Germany and the United States as sample enforcement countries. The book covers the validity of choosing consolidation by reference to these institutional rules. The choice of arbitrators is discussed in light of party equality and party autonomy vs. mandatory local laws. Additionally, procedural adjustments – made necessary by the use of a consolidation procedure – are analyzed and the logical justifications for consolidation are tested. Consolidation in International Commercial Arbitration concludes that only a policy of restraint and a spelling out of criteria for consolidation will serve the purposes of consolidation and withstand judicial scrutiny.
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The Principles and Practice of International Commercial Arbitration provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The second edition includes updates on rules and guidelines, such as the arbitration rules of the ICC, the SCC, the ACICA, and UNCITRAL, as well as the 2010 IBA Rules on Taking of Evidence in International Arbitration. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
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ICCA’s Congress Series no. 12, reflecting the contributions of numerous renowned arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.
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Bhatia, V.K. (et al.) (eds.), Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects, Farnham, Ashgate, 2012.
Binder, P., International Commercial Arbitration and Conciliation in UNCITRAL Model Law Jurisdictions, London, Sweet & Maxwell, 2010.
Moses, M.L., The Principles and Practice of International Commercial Arbitration, Cambridge, NY, Cambridge University Press, 2012.
Waincymer, J., Procedure and evidence in international arbitration, Alphen aan den Rijn, Kluwer Law International, 2012.
Kolkey, D., Practitioner's handbook on international commercial arbitration, New York, Juris, 2012.
Várady, T., International Commercial Arbitration: a Transnational Perspective, St. Paul, West, 2012.
