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 during October/November 2014

Gerbay, Remy, “How Does a New Arbitrator Get Their First Appointment?”, A Q&A Session with Remy Gerbay (November 2014).
Abstract: This is an interview given to Lexis PSL Arbitration in August 2014 on how to secure that elusive first appointment as arbitrator in an international commercial arbitration. The interview touches upon inter alia the barriers faced when seeking a first appointment, and the practical steps that can be taken to increase one’s …

Stipanowich, Thomas, and Zachary P. Ulrich, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators” (November 2014), Columbia American Review of International Arbitration, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2014/30.
Abstract: Today, arbitration is the primary method of adjudicating international commercial disputes. Growing numbers are seeking to promote themselves as advocates specializing in arbitration. In light of these developments, it is surprising that there has never been a wide-ranging, thoroughgoing empirical survey of …

Stipanowich, Thomas, “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals” (November 2014), Columbia American Review of International Arbitration, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2014/29.
Abstract: Commercial arbitration systems addressing business disputes are in a process of dynamic evolution that presents distinct challenges as well as manifold opportunities for business users and for those who provide services as counselors, advocates, arbitrators and institutional arbitration providers. At the invitation …

Van Haersolte-Van Hof, Jacomijn J., and Erik V. Koppe, “International Arbitration and the Lex Arbitri” (November 2014), Arbitration International, Forthcoming; Grotius Centre Working Paper 2014/033-IEL.
Abstract: The Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US will be the most significant of the free trade agreements (FTAs) that the EU and its Member States is contemplating with third states. FTAs generally envisage arbitration as the preferred method for dispute resolution not only …

Park, William W., “A Fair Fight: Professional Guidelines in International Arbitration” (October 2014), Arbitration International, 30 (2014), p. 409, Forthcoming; Boston Univ. School of Law, Public Law Research Paper No. 14-53.
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 guidelines adopted by the …

 

 

 

Bibliography

Reference works

Books

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. Forum Shopping and the Cost of Access to Justice - Cost and Certainty in International Commercial Litigation and Arbitration
Forum Shopping and the Cost of Access to Justice - Cost and Certainty in International Commercial Litigation and Arbitration / Ali Assareh In: Journal of Law and Commerce = ISSN 0733-2491: vol. 31, issue 1, page 1-44. - 2013
Keywords: International commercial arbitration, Access to justice, Forum shopping, Judicial settlement of international disputes, International commercial law,

2. CISG and Arbitration Clauses: Issues of Intent and Validity
CISG and Arbitration Clauses: Issues of Intent and Validity / Dmytro V. Vorobey In: Journal of Law and Commerce = ISSN 0733-2491: vol. 31, issue 1, page 135-162. - 2013
Keywords: United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980), Sale, International contracts, International commercial arbitration, Arbitration clause, Recognition and execution of foreign arbitral awards,

3. Milletlerarası yatırım tahkiminde kamulaştırmadan doğan tazminat ve tazminatın hesaplanmasında kulanılan yöntemler
Milletlerarası yatırım tahkiminde kamulaştırmadan doğan tazminat ve tazminatın hesaplanmasında kulanılan yöntemler / Yard. Doç. Dr. Faruk Kerem Giray. - 2. bası. - Istanbul : Beta Basım, 2013. - XIII, 327 pages. ; 24 cm. - (Hukuk dizisi ; 1367) Bibliographical references: pages 247-257. - With notes. - 2013
Keywords: Turkey, Foreign direct investment, Expropriation, Damages, Lex mercatoria, International trade, International commercial arbitration, Bilateral investment treaties,

4. Milletlerarası Tahkimde Yetki Sorunları
Milletlerarası Tahkimde Yetki Sorunları / Mustafa Erkan. - Ankara : Yetkin Yayıları, 2013. - 410 pages. : illustrations. ; 24 cm Bibliography: page 379-410. - With notes. - 2013
Keywords: Turkey, International arbitration, International commercial arbitration, Foreign direct investment, International Centre for Settlement of Investment Disputes,

5. Challenges of International Investment Arbitrators: how does it work, and does it work?
Challenges of International Investment Arbitrators: how does it work, and does it work? / Chiara Giorgetti In: World Arbitration and Mediation Review = ISSN 1934-3310: vol. 7, issue 2, page 303-319. - 2013
Keywords: International Centre for Settlement of Investment Disputes, UNCITRAL Model Law on International Commercial Arbitration, Investment arbitration, Judges, International commercial arbitration,

6. The Delocalisation of DIFC Arbitration in Dubai and the Enforcement of Arbitral Awards
The Delocalisation of DIFC Arbitration in Dubai and the Enforcement of Arbitral Awards / Professor AFM Maniruzzaman and Ahmed M Almutawa In: World Arbitration and Mediation Review = ISSN 1934-3310: vol. 7, issue 2, page 321-333. - 2013
Keywords: United Arab Emirates, Gulf Cooperation Council, Commercial arbitration, Investment arbitration, Recognition and execution of foreign arbitral awards, International commercial arbitration,

7. Twenty-five Years on: Arbitration sails onward over the Supportive Sea of International Commerce
Twenty-five Years on: Arbitration sails onward over the Supportive Sea of International Commerce / John Burritt McArthur In: World Arbitration and Mediation Review = ISSN 1934-3310: vol. 7, issue 2, page 335-348. - 2013
Keywords: United States of America, Arbitration clause, International commercial arbitration, Investment arbitration, Judicial settlement of international disputes, International trade, Legal history,

8. The "Culturalization" of Multiparty Arbitration: Developing International Best Practices
The "Culturalization" of Multiparty Arbitration: Developing International Best Practices / Josefa Sicard-Mirabal and Rachel E. Clarke In: World Arbitration and Mediation Review = ISSN 1934-3310: vol. 7, issue 2, page 367-378. - 2013
Keywords: International Chamber of Commerce, International Bar Association, International commercial arbitration, Multi-party arbitration, Culture,

9. The Enforcement of Foreign Arbitral Awards in South Korea
The Enforcement of Foreign Arbitral Awards in South Korea = L'execution des sentences étrangeres en Corée du sud / Hyun Chul CHO, Marieke Minkkinen In: Revue de droit des affaires internationales = International Business Law Journal = ISSN 0295-5830: (2014), issue 5, page 373-387. - 2014
Keywords: South Korea, Recognition and execution of foreign arbitral awards, International commercial arbitration,

10. Los ADR «alternative dispute resolution» en el comercio internacional
Los ADR «alternative dispute resolution» en el comercio internacional / Carolina Macho Gómez In: Cuadernos de derecho transnacional = ISSN 1989-4570: vol. 5, issue 2, page 398-427. - 2013
Keywords: International trade, International dispute settlement, Alternative dispute resolution, International commercial arbitration, International mediation, International negotiations,

11. Teoría y praxis del arbitraje comercial internacional en América Latina
Teoría y praxis del arbitraje comercial internacional en América Latina / José Briceño Berrú In: (Revista) Agenda internacional = ISSN 1027-6750: vol. 18, issue 29, page 299-346. - 2011
Keywords: Latin America, International commercial arbitration,

12. Increasing Legalism in International Commercial Arbitration: a New Theory of Causes, a New Approach to Cures
Increasing Legalism in International Commercial Arbitration: a New Theory of Causes, a New Approach to Cures / S.I. Strong In: World Arbitration and Mediation Review = ISSN 1934-3310: vol. 7, issue 2, page 391-404. - 2013
Keywords: United States of America, International commercial arbitration, Multi-party arbitration, International disputes,

13. The contribution of arbitration to the harmonization of procedural laws in Europe
The contribution of arbitration to the harmonization of procedural laws in Europe / Thomas Pfeiffer In: Uniform Law Review = ISSN 1124-3694: vol. 19, issue 2, page 199-217. - 2014
Keywords: European Union, Law of european civil procedure, Unification of law, International commercial arbitration,

1. Milletlerarası Tahkimde Yetki Sorunları
Milletlerarası Tahkimde Yetki Sorunları / Mustafa Erkan. - Ankara : Yetkin Yayıları, 2013. - 410 pages. : illustrations. ; 24 cm Bibliography: page 379-410. - With notes. - 2013
Keywords: Turkey, International arbitration, International commercial arbitration, Foreign direct investment, International Centre for Settlement of Investment Disputes,

2. Il ricorso all'arbitrato obbligatorio UNCLOS nella vicenda dell'Enrica Lexie
Il ricorso all'arbitrato obbligatorio UNCLOS nella vicenda dell'Enrica Lexie / Angela Del Vecchio In: Rivista di diritto internazionale privato e processuale = ISSN 0035-6174: vol. 50, issue 2, page 259-284. - 2014
Keywords: India, Italy, Piracy, Armed forces abroad, Rules of Engagement, Sovereign immunities, Criminal jurisdiction, Exclusive economic zone, International arbitration, United Nations Convention on the Law of the Sea (Montego-Bay, 10 December 1982),

Librarian's choice

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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. Showcase item

    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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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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