International Arbitration

Introduction

International Arbitration | Research Guide International Law

The subject-matter of this Reference Guide is the settlement by arbitration of inter-State disputes, or disputes between nationals (individuals or enterprises) of one State against another State (States, State enterprises, or State entities). International arbitration can either be institutional or ad hoc.

This Research Guide is intended as a starting point for research on International 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 185. Arbitration and Courts in General and subject heading (keyword) International Arbitration are instrumental for searching through the Catalogue.
Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

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  • Romano, C.P.R., K.J Alter and Y. Shany (eds.), The Oxford Handbook of International Adjudication, Oxford, Oxford University Press, 2014. Showcase item

    Romano, C.P.R., K.J Alter and Y. Shany (eds.), The Oxford Handbook of International Adjudication, Oxford, Oxford University Press, 2014.

    The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international relations, particularly economic relations, the enforcement of human rights, and the criminal pursuit of perpetrators of mass atrocities. International courts and tribunals have become, in some respects, the lynchpin of the modern international legal system. The Oxford Handbook of International Adjudication uniquely brings together analysis of the legal, philosophical, ethical and political considerations brought about by these bodies. It provides an original and comprehensive understanding of the various forms of international adjudication. A series of cross-cutting chapters overview key issues in the field, both theoretical and practical, providing scholars, students, and practitioners with a detailed understanding of important legal and political influences within the international adjudicative process.

    The Handbook is divided into six parts. The first part provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. The second analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. The third part lays out the theoretical approaches to international adjudication, including from political science, sociology, philosophy, ethics, and the perspectives of developing countries. The fourth part examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges, the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. The fifth part examines key actors in international adjudication, including international judges, legal counsels, international prosecutors, and registrars. Finally, the sixth provides an overview of some selected legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies.

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  • Parra, A.R., The History of ICSID, Oxford : Oxford University Press, 2012.

    Parra

    This is the first book to detail the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, covering the years from 1955 to 2010. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The three periods 1968 to 1988, 1989 to 1999, and 2000 to June 30, 2010, are covered in separate chapters which examine the expansion of the Centre’s activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by in-depth discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, and includes several suggestions for further changes at ICSID to help ensure its continued success. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank. It is essential reading for those involved in this field.

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  • Webster, T.H., Handbook of Investment Arbitration, London, Sweet and Maxwell/Thomson Reuters, 2012.

    webster

    Handbook of Investment Arbitration, Commentary, Precedents and Models for ICSID Arbitration provides essential commentary on the ICSID Rules, as well as a comprehensive and systematic explanation of procedural issues and the substantive law governing investment arbitration.

     
     
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  • O'Malley, N.D., Rules of Evidence in International Arbitration: An Annotated Guide, London, Informa, 2012.

    O'Malley, N.D., Rules of Evidence in International Arbitration: An Annotated Guide, London, Informa, 2012.

    This book is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. The book considers the popular rules used to govern evidentiary procedure in international arbitration, such as the IBA Rules of Evidence and comments on their application in modern practice. Relying on the published and unpublished decisions of numerous international tribunals, the book takes the unique approach of using prior case law to identify common means of applying the various rules on evidence in international arbitration.

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  • Steingruber, A.M., Consent in International Arbitration, Oxford (etc.), Oxford University Press, 2012.

    Steingruber, A.M., Consent in International Arbitration, Oxford (etc.), Oxford University Press, 2012.

    Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature – enlargement of the parties’ freedom to consent to arbitration, and development from commercial arbitration to investment arbitration – it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties’ consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

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  • Diehl, A., The Core Standard of International Investment Protection: Fair and Equitable Treatment, Alphen aan den Rijn, Kluwer Law International, 2012.

    Diehl, A.

    Description :  This book surveys and analyses the nature of ‘fair and equitable treatment’ as a ‘new’ rule of customary law that is non-contingent and absolute in that it protects a given entity irrespective of the treatment which may be accorded to others. The author explores whether the often-heard criticism of the international investment protection regime is justified. The overarching questions are: does the system`s mixture of private arbitration and public law indeed undermine accountability and independence in judicial decision-making? Does it trump principles of legislative supremacy and, in the end, alter a central tenet of representative democracy? Relevant case law is examined, and there are detailed descriptions of the main dispute resolution forums – ICSID arbitration especially, but with due attention to the new UNCITRAL, the ICC Rules, the SCC and the LCIA Rules. This is a significant contribution to the debate over a controversial concept and its normative underpinnings. By analysing how states are bound by investment treaty obligations and how arbitrators deal with them, this book explains how the standards are continually shaped and scrutinized to respond to the needs of the actors engaged in an investment relationship. Although it is of great interest for legal academics and jurists, it is its practical analysis that will be most welcomed by arbitrators, corporate counsel, and government regulatory officials.

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  • MacIlwrath, M. and J.Savage, International Arbitration and Mediation: a Practical Guide, Alphen aan den Rijn, Kluwer Law International, 2010.

    MacIlwrath, M. and J.Savage, International Arbitration and Mediation: a Practical Guide, Alphen aan den Rijn, Kluwer Law International, 2010.

    Optimising the outcome of disputes connected with international business forms the subject matter of this book. Rather than adopt an idealised approach of pursuing victories at any cost, the authors help parties predict the realistic consequences (and costs) of their decisions and provide a step-by-step guide to opportunities to influence the course of a dispute as it unfolds in its various stages. They discuss techniques for productively resolving disputes through negotiation, mediation, and arbitration, frequently illustrating critical steps through real-world examples drawn from past experiences.

    The book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge.

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  • Gaillard. E., Legal Theory of International Arbitration, Leiden, Nijhoff, 2010.

    Gaillard. E., Legal Theory of International Arbitration, Leiden, Nijhoff, 2010.

    International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

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  • Carbonneau, T.E., Building the Civilization of Arbitration, London, Wildy, Simmonds & Hill, 2010.

    Carbonneau, T.E., Building the Civilization of Arbitration, London, Wildy, Simmonds & Hill, 2010.

    This book brings together a group of distinguished academics and practitioners and codifies their discussion of cutting-edge topics in the contemporary law of arbitration. A number of the contributors are members of the American Law Institute’s drafting committee on the Restatement of the Law of International Arbitration, a document likely to have a significant impact on the development and evolution of law in the area. The subject matter of the chapters variously accesses the development of investment arbitration, the difficulties raised by adhesionary arbitration, the problems associated with the State regulation of the arbitral process, the role of courts in acclimatizing the legal system to arbitration, the continued power of contracting parties in establishing and operating arbitrations, and the significance of recent US. Supreme Court rulings. A number of the authors have substantial practical experience in the process; all are well-known and regarded in the field.

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Database

 

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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