International Arbitration

Introduction

International 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 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 systematic code, i.e., 322 and keywords International Arbitration and 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.

Online publications released in 2015/2016

Meshel, Tamar, “The Permanent Court of Arbitration and the Peaceful Resolution of Transboundary Freshwater Disputes” (January 15, 2016), ESIL Reflections, 5 (January 2016), No. 1.
Abstract: States faced with transboundary freshwater disputes may be reluctant to submit them to purely ‘legal’ resolution by the International Court of Justice (ICJ). In light of the limitations of both non-binding mechanisms and judicial settlement by the ICJ, this reflection aims to explore the potential for arbitration ...

Cartoni, Bernardo, “A Rising Star: The Emergency Arbitrator” (January 4, 2016).
Abstract: In this article, after a brief overview about the interim measures, the author examines the matter of the Emergency Arbitrator provisions by comparing six sets of rules among famous arbitral institutions. In particular, the article deals with procedures of application, appointment and decision. The article also ...

Rogers, Catherine A., “Transparency in Arbitrator Selection" (November 19, 2015), Austrian Yearbook on International Arbitration, Forthcoming.
Abstract: Not so long ago, calling for greater transparency in arbitrator selection was akin to threatening to raze the gates of Rome and sack its inhabitants. Today, however, users and observers of international arbitration are insisting on something more concrete. This essay traces recent developments that ...

Park, W.W., “Equality of Arms in Arbitration: Cost and Benefits” (October 16, 2015), in Mélanges en l'honneur de Pierre Mayer, LGDJ, 2015; Boston Univ. School of Law, Public Law Research Paper No. 15-41.
Abstract: Depending on context and content, a regulatory framework can either help or hinder efforts to enhance aggregate social and economic welfare. Lively debate has arisen with respect to the net effects of two recent sets of directives for lawyer comportment in cross-border arbitration, the first being ...

Park, W.W., “Explaining Arbitration Law” (October 16, 2015), in J.C. Betancourt (ed.),Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators: Centennial Liber Amicorum, 2015, Forthcoming; Boston Univ. School of Law, Public Law Research Paper No. 15-42.
Abstract: Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally includes two limbs: first, to hold parties to their bargains ...

Schultz, T., “International Arbitration Scholarship: Forms, Determinants, Evolution” (October 12, 2015), in S. Brekoulakis, J. Lew, and L. Mistelis (eds), Evolution of International Arbitration, Kluwer, 2016, Forthcoming.
Abstract: We have spilled much ink, we as a community, in our discussion of international arbitration. Much of it we have used on specific technical aspects of the laws and rules that apply to it, or that apply in it. A great deal too has gone to how good procedures are to be conducted. And increasingly, of late, we have ...

Strong, S.I., “Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy” (September 1, 2015), Michigan Journal of International Law, 37 (2016), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-18.
Abstract: Over the last few decades, international commercial arbitration has become the preferred means of resolving cross-border business disputes. The popularity of this particular device is due to a number of uniquely attractive features ranging from the mechanism’s sophisticated blend of common law and civil ...

Basedow, J.,” EU Law in International Arbitration: Referrals to the European Court of Justice”, Journal of International Arbitration, 32 (2015), No. 4, pp. 367-386; Max Planck Private Law Research Paper No. 15/16.
Abstract: While the courts of Member States are enabled or even required to submit preliminary questions concerning the interpretation of EU law to the Court of Justice of the EU such referrals have traditionally been held inadmissible where made by arbitration panels. The article highlights a gradual ...

Grant, K., “The ICSID Under Siege: UNASUR and the Rise of a Hybrid Regime for International Investment Arbitration” (July 2, 2015), Osgoode Hall Law Journal, 52 (2015), No. 3, Forthcoming; Osgoode Legal Studies Research Paper No. 26/2015.
Abstract: The legitimacy and effectiveness of the International Centre for Settlement of Investment Disputes (ICSID) is a matter of spirited debate. It has been argued by some that ICSID’s ideological and procedural bias impedes fairness and by others that its complexity and cost restrict access to justice; ...

Bergolla, L.A., “Independence, Impartiality, and Disclosure: Delimiting the Right to Challenge International Arbitrators” (May 16, 2015).
Abstract: The question of arbitrator bias, and how the arbitrator’s disclosures [or lack thereof] can affect the perception over the arbitrators’ independence and impartiality is at the core of the parties’ right to have their case decided by fair-minded arbitrators. This paper reviews the concept of bias and the content of ...

Zlatanska, Elina, “To Publish, or Not to Publish Arbitral Awards: That is the Question…” (February 2015), International Journal of Arbitration, Mediation and Dispute Management, 81 (2015), No. 1.
Abstract: The vast majority of the information concerning international commercial arbitration and the arbitrators’ decision-making method is obtained through anecdotal sources and a limited number of published awards. The aim of this article is to review the advantages and disadvantages of systematic ...

Rothwell, Donald R., “The Arbitration between the People’s Republic of China and the Philippines Over the Dispute in the South China Sea” (January 2015), ANU College of Law Research Paper No. 14-48.
Abstract: International law has a significant role to play in the multiple disputes that exist throughout the South China Sea. The first relevant area of international law is that dealing with territoriality and the basis under international law that States are able to assert, and have recognised, territorial claims. The second ...

Argen, Robert, “Ending Blind Spot Justice: Broadening the Transparency Trend in International Arbitration” (January 2015), Brooklyn Journal of International Law, (2015), Forthcoming.
Abstract: The debate regarding the importance of transparency versus privacy and confidentiality in international arbitration is at a crossroads. On April 1, 2014, UNCITRAL's "ground-breaking" Rules on Transparency in Treaty-Based Investor-State Arbitration ("Transparency Rules") took effect. But the ...

Meshel, Tamar, "Human Rights in Investor-State Arbitration: The Human Right to Water and Beyond" (January 2015), Journal of International Dispute Settlement, 6 (2015), No. 2, Forthcoming.
Abstract: This article analyzes the restrictive approach adopted by investor-State arbitration tribunals to human rights arguments raised by host States, as exemplified in the case of the human right to water, and examines the potential implications of this approach for the international human rights regime and the ...

Caron, David D., “Regulating Opacity: Shaping How Tribunals Think” (January 2015), Chapter in Practicing Virtue: Inside International Arbitration, 2015, Forthcoming ; King's College London Law School Research Paper No. 2015-07.
Abstract: This manuscript in a novel fashion looks at transparency by considering an aspect of arbitration where the opposite condition remains quite accepted; namely, the opacity of the deliberations of the arbitral tribunal. The manuscript considers how the institutional structure of arbitration shapes the ...

Pauwelyn , Joost, "WTO Panelists Are From Mars, ICSID Arbitrators Are From Venus: Why? And Does it Matter?" (January 2015), Working Paper.
Abstract: Who are the individuals deciding today’s international disputes? Is the pool of people, their nationality, professional background, diversity, status or ideology different across international tribunals? If so, why? And does it matter in terms of outcomes, or the effectiveness or legitimacy of the tribunal or the ...

Bibliography

Reference works

Recent books

Recent articles

Documents

Periodicals, serial publications

Bibliographies

New titles

Updated every Friday morning.

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on International Arbitration and International Commercial Arbitration.


1. RICO-Ansprüche im internationalen Schiedsverfahren und deren Anerkennung in Deutschland
RICO-Ansprüche im internationalen Schiedsverfahren und deren Anerkennung in Deutschland / Wolfgang Kühn In: Festschrift für Ottoarndt Glossner zum 70. Geburtstag / Hrsg. von Alain Plantey ...[et al.]: (1994) - 1994
Keywords: Germany, United States of America, International commercial arbitration, Economic crimes, Corruption, Punitive damages, Recognition and execution of foreign arbitral awards, Law of public order,

2. L'arbitrage international dans les nouveaux enjeux culturels mondiaux
L'arbitrage international dans les nouveaux enjeux culturels mondiaux / Alain Plantey In: Festschrift für Ottoarndt Glossner zum 70. Geburtstag / Hrsg. von Alain Plantey ...[et al.]: (1994) - 1994
Keywords: International Chamber of Commerce, International commercial arbitration, International disputes, International co-operation, Culture,

3. Fragen zum Anwendungsbereich des künftigen deutschen Schiedsverfahrensrechts
Fragen zum Anwendungsbereich des künftigen deutschen Schiedsverfahrensrechts / Klaus Schumacher In: Festschrift für Ottoarndt Glossner zum 70. Geburtstag / Hrsg. von Alain Plantey ...[et al.]: (1994) - 1994
Keywords: Germany, International commercial arbitration, Law of civil procedure, UNCITRAL Model Law on International Commercial Arbitration,

4. Different Conception of Amiable Composition in International Commercial Arbitration
Different Conception of Amiable Composition in International Commercial Arbitration : a Comparison in Space and Time / Regis Bonnan In: Journal of International Dispute Settlement = ISSN 2040-3585: vol. 6, issue 3, page 522-545. - 2015
Keywords: International commercial arbitration, Equity, Legal concept,

5. Retour sur les pays arabes et l'arbitrage commercial international
Retour sur les pays arabes et l'arbitrage commercial international / Ali Mezghani. - Alphen aan den Rijn : Wolters Kluwer, Law & Business. - Page 91-107 In: Festschrift Ahmed Sadek El-Kosheri : From the Arab World to the Globalization of International Law and Arbitration / edited by Mohamed Abdel Raouf, Philippe Leboulanger, Nassib G. Ziadé, ISBN 9789041160621: (2015), Page 91-107. - 2015
Keywords: Arab States, International commercial arbitration, UNCITRAL Model Law on International Commercial Arbitration, Family law, Universalism, Particularism, General Principles of law, East - West, Islamic law, Legal history,

6. Fī tahrīm al-duktūr Aḥmad al-Qušayrī
Fī tahrīm al-duktūr Aḥmad al-Qušayrī / Nasīb Ziyāda = In Honoring Dr. Ahmed El-Kosheri / Nassib G. Ziadé. - Alphen aan den Rijn : Wolters Kluwer, Law & Business. - Page 1-5 In: Festschrift Ahmed Sadek El-Kosheri : From the Arab World to the Globalization of International Law and Arbitration / edited by Mohamed Abdel Raouf, Philippe Leboulanger, Nassib G. Ziadé, ISBN 9789041160621: (2015), Page 1-5. - 2015
Keywords: Egypt, International law, International commercial arbitration, Biographies, memoirs and correspondance, Liber amicorum,

7. Mulāḥaẓāt ḥawla al-taḥkīm al-tiǧārī fī Mamlakat al-Baḥrayn wa-al-Mamlaka al-ʿArabiyya al-Saʿūdiyya
Mulāḥaẓāt ḥawla al-taḥkīm al-tiǧārī fī Mamlakat al-Baḥrayn wa-al-Mamlaka al-ʿArabiyya al-Saʿūdiyya / Ḥasan ʿAlī Raḍī = Remarks on Commercial Arbitration in the Kingdom of Bahrain and the Kingdom of Saudi Arabia / Hassan Ali Radhi. - Alphen aan den Rijn : Wolters Kluwer, Law & Business. - Page 7-22 In: Festschrift Ahmed Sadek El-Kosheri : From the Arab World to the Globalization of International Law and Arbitration / edited by Mohamed Abdel Raouf, Philippe Leboulanger, Nassib G. Ziadé, ISBN 9789041160621: (2015), Page 7-22. - 2015
Keywords: Bahrain, Saudi Arabia, Commercial arbitration, Recognition and execution of foreign arbitral awards, Regional organizations, International commercial arbitration, Arbitration treaties, United Nations Commission on International Trade Law, Islamic law,

8. Istiqālat al-muḥakkim - Āḵar mubtakarāt al-taswīf wa-al-mumāṭala fi al-taḥkīm
Istiqālat al-muḥakkim - Āḵar mubtakarāt al-taswīf wa-al-mumāṭala fi al-taḥkīm : istiqālat al-muḥakkim. Hal al-maḥkama al-mabtūra hiya al-ḥall? Qawāʿid al-Yūnsitrāl li-al-taḥkim awǧadat al-ḥall / ʿAbd al-Ḥamīd al-Aḥdab = Arbitrator Resignation - The Latest Method of Delay in Arbitration : Is a Truncated Tribunal the Solution? UNCITRAL Arbitration Rules Provided the Solution / Abdel Hamid El Ahdab. - Alphen aan den Rijn : Wolters Kluwer, Law & Business. - Page 23-48 In: Festschrift Ahmed Sadek El-Kosheri : From the Arab World to the Globalization of International Law and Arbitration / edited by Mohamed Abdel Raouf, Philippe Leboulanger, Nassib G. Ziadé, ISBN 9789041160621: (2015), Page 23-48. - 2015
Keywords: Judges, International law of procedure, Recusal, Delay, UNCITRAL Model Law on International Commercial Arbitration, Iran-United States Claims Tribunal, International commercial arbitration, Comparative law, Laws,

9. Taʿaddud maṣādir al-qawāʿid al-ḥākima li-ittifāq al-taḥkīm al-duwalī
Taʿaddud maṣādir al-qawāʿid al-ḥākima li-ittifāq al-taḥkīm al-duwalī : hal al-amr fī tawḥīd al-qawāʿid mā zāla qāʾiman? / Aḥmad al-Saʿīd Šaraf al-Dīn = The Multiplicity of Sources of the Rules Applicable to an International Arbitration Agreement : Is There Still Hope for Unification of the Rules? / Ahmed Sharaf Eldin. - Alphen aan den Rijn : Wolters Kluwer, Law & Business. - Page 93-126 In: Festschrift Ahmed Sadek El-Kosheri : From the Arab World to the Globalization of International Law and Arbitration / edited by Mohamed Abdel Raouf, Philippe Leboulanger, Nassib G. Ziadé, ISBN 9789041160621: (2015), Page 93-126. - 2015
Keywords: International arbitration, Arbitration treaties, Party autonomy, Choice of law, International law of procedure, Conflict of laws, Judicial organisation, Unification of law,

10. Buṭlān ḥukm al-taḥkim wa-aṯar ḏālika ʿalā tanfīḏ al-ḥukm wafqan li-Ittifāqiyyat Niyū Yūrk ʿām 1958
Buṭlān ḥukm al-taḥkim wa-aṯar ḏālika ʿalā tanfīḏ al-ḥukm wafqan li-Ittifāqiyyat Niyū Yūrk ʿām 1958 : ḵawāṭir ḥawla qaḍiyyat Krūmālūy / Tāriq Fuʾād Riyāḍ = Setting Aside an Arbitration Award and Its Effects on the Enforcement of the Award in Accordance with the New York Convention of 1958 : Thoughts on the Chromalloy Case / Tarek Fouad Riad. - Alphen aan den Rijn : Wolters Kluwer, Law & Business. - Page 127-141 In: Festschrift Ahmed Sadek El-Kosheri : From the Arab World to the Globalization of International Law and Arbitration / edited by Mohamed Abdel Raouf, Philippe Leboulanger, Nassib G. Ziadé, ISBN 9789041160621: (2015), Page 127-141. - 2015
Keywords: Egypt, United States of America, Choice of law, Arbitration clause, International commercial arbitration, Action for annulment, Recognition and execution of foreign arbitral awards, Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958), Cases,

11. New Arbitration Draft Bill in Iran
New Arbitration Draft Bill in Iran : Inconsistent with International Best Practices / Ali M. Abrishami In: International Arbitration Law Review = ISSN 1367-8272: vol. 18, issue 6, page 138-142. - 2015
Keywords: Iran, International commercial arbitration,

12. Towards a Uniform Regulation of Third Party Funding in International Arbitration
Towards a Uniform Regulation of Third Party Funding in International Arbitration / Francisco Blavi In: International Arbitration Law Review = ISSN 1367-8272: vol. 18, issue 6, page 143-150. - 2015
Keywords: International commercial arbitration, Finances, Third parties,

13. The Fruit of the Arbitration Tree
The Fruit of the Arbitration Tree : Confidentiality in International Arbitration / Mark Darian-Smith, Varun Ghush In: Arbitration = ISSN 0003-7877: vol. 81, issue 4, page 360-366. - 2015
Keywords: Great Britain, Singapore, Australia, Evidence, Confidentiality, Arbitration tribunal, International commercial arbitration,

14. Latin America in the Beginning of the 20th Century: a Turn to Adjudication?
Latin America in the Beginning of the 20th Century: a Turn to Adjudication? / Matthias Packeiser In: The Law and Practice of International Courts and Tribunals = ISSN 1569-1853: vol. 14, issue 3, page 371-391. - 2015
Keywords: Latin America, Regional courts, International arbitration, Central American Court of Justice, Peace conferences, International dispute settlement,

15. The Enforcement of Dispute Adjudication Board Decisions
The Enforcement of Dispute Adjudication Board Decisions : "Persero" and the FIDIC Standard form of Contract / Naell Bunni, Colin Ong, Michael O'Reilly In: Arbitration = ISSN 0003-7877: vol. 81, issue 4, page 367-374. - 2015
Keywords: Singapore, International Federation of Consulting Engineers, Construction, Standard contracts, International contracts, National courts, International commercial arbitration, Case-law,

16. The Chartered Institute of Arbitrators (1915-2015)
The Chartered Institute of Arbitrators (1915-2015) : the First 100 Years / Julio César Betancourt In: Arbitration = ISSN 0003-7877: vol. 81, issue 4, page 375-380. - 2015
Keywords: Judges, International commercial arbitration,

17. Patron's Address
Patron's Address / Sundaresh Menon In: Arbitration = ISSN 0003-7877: vol. 81, issue 4, page 413-426. - 2015
Keywords: Singapore, International commercial arbitration,

18. The Role of the State in Protecting the System of Arbitration
The Role of the State in Protecting the System of Arbitration / Neil Kaplan In: Arbitration = ISSN 0003-7877: vol. 81, issue 4, page 452-462. - 2015
Keywords: Judges, States, Legal education, International commercial arbitration,

19. Impact of Sanctions under the CISG
Impact of Sanctions under the CISG / Garima Shahani. - Dordrecht [etc.] : Kluwer Academic Publishers In: ASA bulletin / Association suisse de l'arbitrage = Schweizerische Vereinigung für Schiedsgerichtsbarkeit = Associazione Svizzera per l'Arbitrato = Swiss Arbitration Association = ISSN 2210-3716: vol. 33, issue 4, page 849–860. - 2015
Keywords: United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980), Economic sanctions, International commercial arbitration, Contractual obligations, Contractual responsibility, Recognition and execution of foreign arbitral awards,

20. Determining the Relevant Limitation Period for International Sales Contracts Before International Arbitral Tribunals
Determining the Relevant Limitation Period for International Sales Contracts Before International Arbitral Tribunals / Daniel Huser. - Dordrecht [etc.] : Kluwer Academic Publishers In: ASA bulletin / Association suisse de l'arbitrage = Schweizerische Vereinigung für Schiedsgerichtsbarkeit = Associazione Svizzera per l'Arbitrato = Swiss Arbitration Association = ISSN 2210-3716: vol. 33, issue 4, page 825–848. - 2015
Keywords: Switzerland, United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980), International Chamber of Commerce, Sale, Statutes of limitation, International contracts, International commercial arbitration, Law of civil procedure,

21. Liability of Arbitrators in Dubai: Still a Safe Seat of Arbitration
Liability of Arbitrators in Dubai: Still a Safe Seat of Arbitration / Mercedes Torres Lagarde. - Dordrecht [etc.] : Kluwer Academic Publishers In: ASA bulletin / Association suisse de l'arbitrage = Schweizerische Vereinigung für Schiedsgerichtsbarkeit = Associazione Svizzera per l'Arbitrato = Swiss Arbitration Association = ISSN 2210-3716: vol. 33, issue 4, page 780–807. - 2015
Keywords: United Arab Emirates, International commercial arbitration, Judges, Accountability, Immunities, National courts,

22. Recent Developments on the Doctrine of Res Judicata in International Arbitration from a Swiss Perspective: A Call for a Harmonized Solution
Recent Developments on the Doctrine of Res Judicata in International Arbitration from a Swiss Perspective: A Call for a Harmonized Solution / Nathalie Voser, Julie Raneda. - Dordrecht [etc.] : Kluwer Academic Publishers In: ASA bulletin / Association suisse de l'arbitrage = Schweizerische Vereinigung für Schiedsgerichtsbarkeit = Associazione Svizzera per l'Arbitrato = Swiss Arbitration Association = ISSN 2210-3716: vol. 33, issue 4, page 742–779. - 2015
Keywords: Switzerland, Supreme court, International commercial arbitration, Res iudicata, Law of public order, Private international law, Recognition and enforcement of foreign judgments, Case-law,

23. Problems with the ASEAN Free Trade Area Dispute Settlement Mechanism and Solutions for the ASEAN Economic Community
Problems with the ASEAN Free Trade Area Dispute Settlement Mechanism and Solutions for the ASEAN Economic Community / Gonzalo Villalta Puig, Lee Tsun Tat In: Journal of World Trade = ISSN 2210-2795: vol. 49, issue 2, page 277–308. - 2015
Keywords: Association of South East Asian Nations, Free trade, International dispute settlement, International arbitration,

 

 

Librarian's choice

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  • Yeşilırmak, A., and İ.G. Esin (eds.), Arbitration in Turkey, Alphen aan den Rijn, Kluwer Law International, 2015.

    Yeşilırmak, A., and İ.G. Esin (eds.), Arbitration in Turkey, Alphen aan den Rijn, Kluwer Law International, 2015.

    Turkey, particularly in the last decade, has demonstrated an economic growth that is incredible in pace which has become one of the 20 largest economies in the world. International transactions and foreign direct investments, inflow and outbound, have increased immensely within this period. Such developments have had tremendous impact on the increase in use of international arbitration and other ADR mechanisms where Turkey and/or Turkish parties have been involved. ADR mechanisms, particularly with regards to arbitration, have started to flourish in Turkey. The need to provide a ‘guide’ to foreign users of arbitration and other ADR mechanisms has thus arisen. This book aims to provide a comprehensive analysis of the law and practice on international arbitration and other ADR mechanisms in Turkey.

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  • Fouret, J., Enforcement of Investment Treaty Arbitration Awards, London, Globe Law and Business, 2015.

    Fouret, J., Enforcement of Investment Treaty Arbitration Awards, London, Globe Law and Business, 2015.

    The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before. Investment treaty arbitration has thus become the preferred dispute resolution mechanism for resolving disputes with a state relating to foreign investment. However, securing a final arbitral award in this context is often only the beginning of a complicated process in enforcing arbitral awards against sovereigns and state entities. Spearheaded by leading arbitration practitioner Julien Fouret at Castaldi Mourre in Paris, this new title brings together more than 30 experts to provide both substantive analysis of recurring issues at the enforcement stage of awards and practical perspectives on how to enforce an award based on investment treaties. It explores enforcement issues ranging from the specificities of the International Centre for Settlement of Investment Disputes mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities; and addresses the means to enforce these types of award in practice.Valuable jurisdiction-specific information is provided for over 25 states, including coverage of the applicable international and domestic legal frameworks and reviews of the most recent practices. Whether you are an arbitration lawyer in private practice or a user of investment treaty arbitration, this title will provide you with holistic, practical and theoretical insight on the last and most important step of an arbitral process against a state or state entity.

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  • Garcia-Bolivar, O., and H. Otero (eds.), Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases, Leiden, Brill Nijhoff, 2015.

    García-Bolívar, O., and H. Otero (eds.), Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases, Leiden, Brill Nijhoff, 2015.

    The editors of the book present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.

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  • Euler, D. (et al.) (eds.), Transparency in International Investment Arbitration: A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, Cambridge University Press, 2015.

    Euler, D. (et al.) (eds.), Transparency in International Investment Arbitration: A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, Cambridge University Press, 2015.

    The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia.

     

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  • Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.

    Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.

    International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent.  The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration.  This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

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  • Born, G.B., International Commercial Arbitration (3 vols) (2nd ed.), Alphen a/d Rijn, Kluwer Law International, 2014.

    Born, G.B., International Commercial Arbitration (2nd ed.), Alphen a/d Rijn, Kluwer Law International, 2014.

    The treatise comprehensively examines the law and practice of  contemporary international commercial arbitration, thoroughly explicating all  relevant international conventions, national arbitration statutes and  institutional arbitration rules. It focuses on both international instruments  (particularly the New York Convention) and national law provisions in all  leading jurisdictions (including the UNCITRAL Model Law on International  Commercial Arbitration). Practitioners, academics, clients, institutions and  other users of international commercial arbitration will find clear and  authoritative guidance in this work.
    The second edition of International Commercial Arbitration has been  extensively revised, expanded and updated, to include all legislative,  judicial and arbitral authorities material in the field of international  arbitration prior to January 2014. It also includes expanded treatment of  annulment, recognition of awards, counsel ethics, arbitrator independence and  impartiality and applicable law.The revised 4,000 page text contains  references to more than 20,000 cases, awards and other authorities.

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  • Vorburger, S., International Arbitration and Cross-Border Insolvency : Comparative Perspectives, Alphen a/d Rijn, Kluwer Law International, 2014.

    Vorburger, S., International Arbitration and Cross-Border Insolvency : Comparative Perspectives, Alphen a/d Rijn, Kluwer Law International, 2014.

    This book provides an in-depth analysis of applicable rules and policies under  the current legal framework and case law of national courts and arbitral  tribunals, emphasizing developments in five countries where high levels of  international arbitration occur: England, the United States, France, Germany  and Switzerland. Among the complex issues that arise when an insolvency  disrupts an arbitration, the author examines the following: recognition of insolvencies by arbitral tribunals; determination of the law applicable to the effects of an insolvency on  arbitration; effects of an insolvency on validity and scope of an arbitration agreement; effects of an insolvency on capacity of the parties to an international  arbitration; suspension of arbitral proceedings due to an insolvency; and effects of an insolvency on the recognition and enforcement of arbitral awards.  In addition to providing a comparative legal analysis of issues that arise in  connection with the collision of international arbitration and cross-border  insolvency, the author sets out proposals to clarify policy and procedure.  Dealing with cross-border insolvency law issues in international arbitration  presents an enormous challenge for arbitration practitioners, arbitral  tribunals and national courts.

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  • Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.

    Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.

    This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

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  • Tang, Z., Jurisdiction and Arbitration Agreements in International Commercial Law, London, New York, 2014.

    Tang, Z., Jurisdiction and Arbitration Agreements in International Commercial Law, London, New York, 2014.

    Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.

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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.

Blogs

  • UPEACE/Peace Palace Library Lecture: Judge Kenneth Keith and PCA Legal Counsel Judith Levine on International Water Disputes

    On Wednesday January 28, 2015, the fourth of a series of Lectures on Peacebuilding in Progress was held at the Academy Building of the Peace Palace, The Hague. The lectures on Peacebuilding are organised by the UPEACE Centre The Hague and the Peace Palace Library.

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  • Abyei Arbitration

    From Saturday 18 until Thursday 23 April oral pleadings are being held at the Peace Palace in The Hague in the arbitration case between the Government of Sudan and the Sudan People’s Liberation Movement (SPLM) concerning the delimitation of the Abyei Area. The arbitration is based on an Arbitration Agreement between the Parties that was deposited with the Permanent Court of Arbitration (PCA) on 11 July 2008.

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See also

More Research guides on Settlement of International Disputes

PPL keywords