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 September/October 2014

Park, William W., “Arbitration’s Discontents: Between the Pernicious and the Precarious” (October 2014), in Mélanges en L’Honneur du Professeur Bernard Audit (2014), p. 581; Boston Univ. School of Law, Public Law Research Paper No. 14-54. 
Abstract: Arbitration has become a victim of its own success, as its wider use has triggered a flood of doubt, disapproval and denunciation. In consequence, higher visibility for arbitral proceedings and awards has led to increased criticism, both just and unjust, with respect to arbitrator independence and impartiality. A robust …

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 …

Park, William W., “Explaining Arbitration Law,” (October 2014) in J.C. Betancourt (ed.), Selected Topics in International Arbitration–Liber Amicorum for the 100th Anniversary of the Chartered Institute of Arbitrators (OUP, 2014), Forthcoming; Boston Univ. School of Law, Public Law Research Paper No. 14-56.
Abstract: A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor arbitration’s basic procedural integrity, which includes …

Park, William W., and Catherine A. Rogers. “Third-Party Funding in International Arbitration: The ICCA Queen-Mary Task Force,” (October 2014), Austrian Yearbook on International Arbitration 2015, Forthcoming.
Abstract: Third-party funding raises a host of ethical and procedural issues for international arbitration, perhaps most notably in connection with arbitrator comportment. The need for sustained study of these concerns prompted establishment of a Task Force on Third-Party Funding in International Arbitration, …

 

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. Rising Importance and Significance of International Commercial Arbitration
Rising Importance and Significance of International Commercial Arbitration / Harsh Pathak. - Frankfurt am Main : PL Academic Research. - Page 285-293 In: Studies of Business Law - Recent Developments and perspectives : Contributions to the International Conference "Perspectives of Business Law in the Third Milennium", November 2, 2012, Bucharest / Cătălin-Silviu Săraru (ed.), ISBN 9783631641286: (2013), Page 285-293. - 2013
Keywords: India, Arbitration, International commercial arbitration, Foreign direct investment, UNCITRAL Model Law on International Commercial Arbitration, Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958), International law and domestic law,

2. Arbitrabilité et corruption
Arbitrabilité et corruption / par Adrien Chambel In: La revue libanaise de l'arbitrage arabe et international: issue 61, page 3-41. - 2012
Keywords: Corruption, International commercial arbitration, Law of public order [policy], Recognition and execution of foreign arbitral awards,

3. International Commercial Arbitration in the EU and the PRC: a Tale of Two Continents or 28 + 3 Legal Systems
International Commercial Arbitration in the EU and the PRC: a Tale of Two Continents or 28 + 3 Legal Systems / Carlos Esplugues Mota. - Tübingen : Mohr Siebeck. - Page 405-436 In: Private International Law in Mainland China, Taiwan and Europe / edited by Jürgen Basedow and Knut B. Pißler, ISBN 9783161533563: (2014), Page 405-436. - 2014
Keywords: China, Hong Kong, European Union, Alternative dispute resolution, UNCITRAL Model Law on International Commercial Arbitration, Recognition and execution of foreign arbitral awards, International commercial arbitration,

4.
International commercial arbitration / Gary B. Born. - Second edition. - Alphen aan den Rijn : Kluwer Law International, 2014. - LXXVI, 1524 pages. ; 25 cm On title page: Wolters Kluwer Law & Business. - First edition: 2009. - Includes bibliographical references. - 2014
Keywords: International commercial arbitration, Arbitration treaties,

5.
International commercial arbitration / Gary B. Born. - Second edition. - Alphen aan den Rijn : Kluwer Law International, 2014. - XXXVIII, page 1525-2893. ; 25 cm On title page: Wolters Kluwer Law & Business. - First edition: 2009. - Includes bibliographical references. - 2014
Keywords: International commercial arbitration, Procedure,

6.
International commercial arbitration / Gary B. Born. - Second edition. - Alphen aan den Rijn : Kluwer Law International, 2014. - XXXI, page 2897-4260. ; 25 cm On title page: Wolters Kluwer Law & Business. - First edition: 2009. - Includes bibliographical references and index. - 2014
Keywords: International commercial arbitration, International arbitral awards,

7. International commercial arbitration
International commercial arbitration / Gary B. Born. - Second edition. - Alphen aan den Rijn : Kluwer Law International, 2014. - 3 volumes. ; 25 cm On title page: Wolters Kluwer Law & Business. - First edition: 2009. - 2014
Keywords: International commercial arbitration, International arbitral awards, Arbitration treaties, Procedure,

1. Array
Kokusaihō ni okeru kenketsu hojū no hōri / Etō Jun'ichi cho. - Shohan. - Tōkyō : Yūhikaku, 2012. - IX, 322 pages. ; 22 cm. - (Jōchi daigaku hōgaku sōsho ; dai 33-kan) (上智大学法学叢書 ; 第33卷) Includes bibliographical references and index. - 2012
Keywords: International courts, International arbitration, International law,

2. Investor-State Dispute Settlement under the Trans-Pacific Partnership Agreement
Investor-State Dispute Settlement under the Trans-Pacific Partnership Agreement / Leon E. Trakman. - Cheltenham ; Northampton, MA, USA : Edward Elgar. - Page 179-206 In: Trade Liberalisation and International Co-operation : a Legal Analysis of the Trans-Pacific Partnership Agreement / edited by Tania Voon, ISBN 9781782546771: (2013), Page 179-206. - 2013
Keywords: Asia and the Pacific, Australia, Co-operation and partnership agreements, International trade, Foreign direct investment, Regional trade agreements, International arbitration, International Centre for Settlement of Investment Disputes,

3. On Dissenting Opinions in International Arbitration
On Dissenting Opinions in International Arbitration / Cristina Florescu. - Frankfurt am Main : PL Academic Research. - Page 295-316 In: Studies of Business Law - Recent Developments and perspectives : Contributions to the International Conference "Perspectives of Business Law in the Third Milennium", November 2, 2012, Bucharest / Cătălin-Silviu Săraru (ed.), ISBN 9783631641286: (2013), Page 295-316. - 2013
Keywords: Dissenting opinions, Arbitral awards, International arbitration,

4. Comentarios sobre el derecho internacional de las inversiones extranjeras y la solución jurisdiccional administrada por el Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI)
Comentarios sobre el derecho internacional de las inversiones extranjeras y la solución jurisdiccional administrada por el Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI) / por Alejandro Turyn. - Buenos Aires : Abeledo Perrot In: Derecho internacional público / Dra. Hortensia Gutiérrez Posse, coordinadora: (2013) - 2013
Keywords: Convention on the Settlement of Investment Disputes between States and Nationals of Other States [Washington, D.C., 18 March 1965], International Centre for Settlement of Investment Disputes, Foreign direct investment, Bilateral investment treaties, International arbitration, Jurisdiction,

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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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  • 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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