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 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. Arbitration in Africa
Arbitration in Africa : a practitioner's guide / general editor, Lise Bosman. - Alphen aan den Rijn : Kluwer Law International, 2013. - XXXV, 482 pages Includes bibliographical references. - 2013
Keywords: Africa, International commercial arbitration, Recognition and execution of foreign arbitral awards, E-books,

2. International Arbitrator's Obligation to Apply EU Competition Law - Case Comment to the Judgement of the European Court of Justice of June 1, 1999 Eco Swiss China Time Ltd. v. Benetton International NV, No. C-126/97
International Arbitrator's Obligation to Apply EU Competition Law - Case Comment to the Judgement of the European Court of Justice of June 1, 1999 Eco Swiss China Time Ltd. v. Benetton International NV, No. C-126/97 / Justyna Bazylińska-Nagler. - Wrocław : Wydawnictwo Uniwersytetu Wrocławskiego. - Page 357-366 In: Jurisdictional Competition of International Courts and Tribunals / edited by Bartłomiej Krzan, ISBN 9788322932667: (2012), Page 357-366. - 2012
Keywords: The Netherlands, European Union, Court of Justice of the European Communities, Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958), Recognition and execution of foreign arbitral awards, Competition, International commercial arbitration, Cases,

3. Transnational Commercial Law: Realities, Challenges and a Call for Meaningful Convergence
Transnational Commercial Law: Realities, Challenges and a Call for Meaningful Convergence / Sundaresh Menon In: Singapore Journal of Legal Studies = ISSN 0218-2173: vol. 55, issue 2, page 231-252. - 2013
Keywords: Asia and the Pacific, International trade, Bilateral investment treaties, International commercial arbitration, Unification of law,

4. Obtaining and submitting Evidence in International Arbitration in the United States
Obtaining and submitting Evidence in International Arbitration in the United States / Claudia T. Salomon, Sandra Friedrich In: The American Review of International Arbitration = ISSN 1050-4109: vol. 24, issue 4, page 549-590. - 2013
Keywords: United States of America, International commercial arbitration, Evidence, Disclosure,

5. The European Union and Investor-State Arbitration
The European Union and Investor-State Arbitration : a Work in Progress / Gabriela Mazzini In: The American Review of International Arbitration = ISSN 1050-4109: vol. 24, issue 4, page 611-648. - 2013
Keywords: European Union, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007), Energy Charter Treaty (Lisbon, 17 December 1994), Foreign direct investment, Bilateral investment treaties, Competence, International commercial arbitration,

6. In the Spotlight: Parties' Legal Representatives Subject to conduct Guidelines under the Draft LCIA Rules 2014
In the Spotlight: Parties' Legal Representatives Subject to conduct Guidelines under the Draft LCIA Rules 2014 / John Zadkovich, Emily Caldwell In: International Arbitration Law Review = ISSN 1367-8272: vol. 17, issue 3, page 73-75. - 2014
Keywords: London Court of International Arbitration, International commercial arbitration, Lawyers, Guidelines,

7. Foreign Arbitral Awards Enforcement and the Public Policy Exception - India's Move towards Becoming an Arbitration-Friendly Jurisdiction
Foreign Arbitral Awards Enforcement and the Public Policy Exception - India's Move towards Becoming an Arbitration-Friendly Jurisdiction / Aakanksha Kumar In: International Arbitration Law Review = ISSN 1367-8272: vol. 17, issue 3, page 76-85. - 2014
Keywords: India, International commercial arbitration, Recognition and execution of foreign arbitral awards, Law of police,

8. The Arbitrator as Settlement Facilitator
The Arbitrator as Settlement Facilitator / Stefanie Pfisterer In: The American Review of International Arbitration = ISSN 1050-4109: vol. 24, issue 4, page 649-679. - 2013
Keywords: International commercial arbitration, Judges, International dispute settlement, Procedure,

1. International Investment Arbitration and Human Rights
International Investment Arbitration and Human Rights / Pavel Šturma. - Wrocław : Wydawnictwo Uniwersytetu Wrocławskiego. - Page 45-61 In: Jurisdictional Competition of International Courts and Tribunals / edited by Bartłomiej Krzan, ISBN 9788322932667: (2012), Page 45-61. - 2012
Keywords: International arbitration, Foreign direct investment, Human rights, Jurisdiction,

2. Many Questions, Few Answers - the Energy Charter Treaty and EU Disputes
Many Questions, Few Answers - the Energy Charter Treaty and EU Disputes / Andreas Kulick. - Wrocław : Wydawnictwo Uniwersytetu Wrocławskiego. - Page 247-259 In: Jurisdictional Competition of International Courts and Tribunals / edited by Bartłomiej Krzan, ISBN 9788322932667: (2012), Page 247-259. - 2012
Keywords: European Union, Energy Charter Treaty (Lisbon, 17 December 1994), International arbitration, Foreign direct investment,

3. Competing Jurisdictions in International Sports Law - a Case Study
Competing Jurisdictions in International Sports Law - a Case Study / Michael Geistlinger. - Wrocław : Wydawnictwo Uniwersytetu Wrocławskiego. - Page 341-355 In: Jurisdictional Competition of International Courts and Tribunals / edited by Bartłomiej Krzan, ISBN 9788322932667: (2012), Page 341-355. - 2012
Keywords: Switzerland, Court of Arbitration for Sport, Sport, Lex sportiva, Doping, International arbitration,

4. Award on Jurisdiction, Arbitrality and Suspension (Eureko B.V. v. the Slovak Republic, PCA Case no. 2008-13) - Intra-EU Jurisdictional Objection
Award on Jurisdiction, Arbitrality and Suspension (Eureko B.V. v. the Slovak Republic, PCA Case no. 2008-13) - Intra-EU Jurisdictional Objection / Artur Kozłowski. - Wrocław : Wydawnictwo Uniwersytetu Wrocławskiego. - Page 367-390 In: Jurisdictional Competition of International Courts and Tribunals / edited by Bartłomiej Krzan, ISBN 9788322932667: (2012), Page 367-390. - 2012
Keywords: European Union, Permanent Court of Arbitration, Foreign direct investment, Bilateral investment treaties, Vienna Convention on the Law of Treaties (Vienna, 23 May 1969), Community law, Jurisdiction, International arbitration, Cases,

Librarian's choice

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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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  • Ostrove, M., Salomon, C., and B. Shifman (eds), Choice of Venue in International Arbitration, Oxford, Oxford Unversity Press, 2014.

    Ostrove, M., Salomon, C., and B. Shifman (eds), Choice of Venue in International Arbitration, Oxford, Oxford Unversity Press, 2014.

    The relative merits of different arbitral venues are conveyed accessibly and practically in this far-reaching survey, with contributions from prestigious practitioners from every major global seat. The book offers comparative analysis of the relative challenges arising at venues around the world. A reliable tool during the negotiation and drafting stages, it enables a newly tactical consideration of venue, whilst providing instant answers to those in unfamiliar jurisdictions. Offering detailed analysis of a range of key venues, it addresses not only the practical reality but also the history and development in these seats, making the book both an academic and a practical investment.

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  • Webster, T. and M. Bühler, Handbook of ICC arbitration : Commentary, Precedents, Materials, London, Sweet & Maxwell/Thomson Reuters, 2014.

    Webster, T. and M. Bühler, Handbook of ICC arbitration : Commentary, Precedents, Materials, London, Sweet & Maxwell/Thomson Reuters, 2014.

    The Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts. This text is a practical, rule-by-rule guide to the Rules of the International Chamber of Commerce, one of the world’s leading international arbitration institutions. It is for both the experienced practitioner and those approaching international arbitration for the first time, clearly explaining basic principles while at the same time providing the depth of analysis and references needed to solve the complex procedural issues that can arise during the arbitration process. The chapters follow the Rules of the ICC, each one setting out the relevant principles in plain English, before dealing with more complicated issues of interpretation, providing reference to discussions of the issues by other authors and to relevant case law and awards.

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  • Wöss, H. (et al), Damages in International Arbitration under Complex Long-term Contracts, Oxford, Oxford University Press, 2014.

    Wöss, H. (et al), Damages in International Arbitration under Complex Long-term Contracts, Oxford, Oxford University Press, 2014.

    Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs. Specialist evidence is relied on to complete composite calculations, taking into account such evasive factors as the destruction of market value, uncertainty of future revenues, projected interest rate changes, and lost dividends. The lack of understanding of the underlying considerations, methods such as “splitting the baby”, or dogmas such as the misinterpreted “efficient breach of contract”, combined with the already high level of burden of proof, can make successful damages claims or properly reasoned awards difficult to achieve. This book provides in-depth analysis of the legal, financial, and economic issues involved in the preparation of claims and arbitral awards for damages and loss of income, for the breach of complex long-term contracts in international arbitration. The authors address matters such as the but-for method and the reconstruction of the hypothetical course of events as well as the quantification of damages. It provides a detailed coverage of issues arising when structuring, arbitrating, or making an award on damages, making it a valuable reference for practitioners in the field. It includes a number of leading cases (including commercial and investment arbitrations), focusing on the damages analysis for breach of contract.

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  • Jemielniak, J., Legal Interpretation in International Commercial Arbitration, Farnham, Ashgate, 2014.

    Jemielniak, J., Legal Interpretation in International Commercial Arbitration, Farnham, Ashgate, 2014.

    This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA.The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

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

    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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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

  • 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

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