Arbitrage commercial international

Introduction

International Arbitration | Research Guide International Law

L'arbitrage commercial international est une méthode de règlement des différends privés dans lequel les parties à un contrat commercial international conviennent que leurs litiges seront tranchés par une ou plusieurs personnes privées, à savoir les arbitres, plutôt que par un tribunal. La décision de l'arbitre/des arbitres est définitive et obligatoire pour les parties en vertu de leur accord initial de recourir à l'arbitrage. Dans le cas où la sentence arbitrale n'est pas exécutée par la partie défaillante, l'exécution de cette sentence peut être ordonnée suite à une procédure devant une juridiction nationale.

Le présent guide de recherche se veut un point de départ pour mener des recherches sur l'arbitrage commercial international. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu'il s'agisse de documents imprimés ou de documents sous format électronique. La section intitulée "Bibliographie sélective" présente une sélection de manuels, d'articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 322. Droit international de procédure: Arbitrage et le mot-matière (mot-clef) Arbitrage commercial international sont des instruments permettant de faire une recherche dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d'autres ressources en ligne présentant un intérêt particulier.

Bibliographie

Reference works

Books

Articles

2018

2017 and before

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. Navigating the Uncharted Waters of Different Legal Systems: The Enforcement of Foreign Arbitral Awards in the Greek Territory
Navigating the Uncharted Waters of Different Legal Systems: The Enforcement of Foreign Arbitral Awards in the Greek Territory / Eva Litina In: Dispute Resolution International = ISSN 2075-5333: vol. 12, issue 1, page 29-39. - 2018
Keywords: Greece, Recognition and execution of foreign arbitral awards, International commercial arbitration, Law of public order, Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958),

2. Multi-Contract References under the LCIA Rules
Multi-Contract References under the LCIA Rules : Case Closed? / Hendrik Puschmann, Andreas Geroldinger In: International Arbitration Law Review = ISSN 1367-8272: vol. 21, issue 2, page 37-45. - 2018
Keywords: London Court of International Arbitration, International commercial arbitration, Consent,

3. TTIP und der Spill-over-Effekt auf die Handelsschiedsgerichtsbarkeit
TTIP und der Spill-over-Effekt auf die Handelsschiedsgerichtsbarkeit / Professor Dr. Siegfried H. Elsing, Franziska Gräfin Grote In: Recht der internationalen Wirtschaft = ISSN 0340-7926: vol. 64, issue 6, page 321-339. - 2018
Keywords: Transatlantic Trade and Investment Partnership, Investor-State dispute settlement, International commercial arbitration, Foreign direct investment, Constitutional state,

4. The Prague Rules
The Prague Rules : Competitor, Alternative or Addition to the IBA Rules on the Taking of Evidence in International Arbitration? / Duarte G. Henriques In: ASA bulletin / Association suisse de l'arbitrage = Schweizerische Vereinigung für Schiedsgerichtsbarkeit = Associazione Svizzera per l'Arbitrato = Swiss Arbitration Association = ISSN 2210-3716: vol. 36, issue 2, page 351-363. - 2018
Keywords: International commercial arbitration, Evidence, International procedure, Regulation, International Bar Association,

5. Will Artificial Intelligence Take Over Arbitration?
Will Artificial Intelligence Take Over Arbitration? / Christine Sim In: Asian International Arbitration Journal = ISSN 1875-6549: vol. 14, issue 1, page 1-13. - 2018
Keywords: International commercial arbitration, Artificial intelligence,

6. The Case for Singapore to Take the Lead in International Arbitration Ethics
The Case for Singapore to Take the Lead in International Arbitration Ethics / V.K. Rajah In: Asian International Arbitration Journal = ISSN 1875-6549: vol. 14, issue 1, page 37-54. - 2018
Keywords: Singapore, International commercial arbitration, Ethics,

7. Particularity of Arbitration in International Intellectual Property Disputes: Fitting Square Peg into Round Hole
Particularity of Arbitration in International Intellectual Property Disputes: Fitting Square Peg into Round Hole / Mohamed H. Negm, Huthaifa Bustanji In: Asian International Arbitration Journal = ISSN 1875-6549: vol. 14, issue 1, page 89-116. - 2018
Keywords: Intellectual property, International commercial arbitration, Subject matter, Law of public order, Choice of law, Party autonomy,

 

 

Choix de bibliothécaire

  • Reyes, A., and W. Gu (eds.), The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific, Portland, OR, Hart, 2018.

    Reyes, A., and W. Gu (eds.), The Developing World of Arbitration : A Comparative Study of Arbitration Reform in the Asia Pacific, Portland, OR, Hart, 2018.

    This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyze twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernization and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centers.

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  • Amado, J.D., J.S. Kern and M.D. Rodriguez, Arbitrating the Conduct of International Investors, Cambridge, Cambridge University Press, 2018.

    Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.

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  • Piers, M., and C. Aschauer (eds.), Arbitration in the Digital Age: The Brave New World of Arbitration, Cambridge, Cambridge University Press, 2018.

    Piers, M., and C. Aschauer (eds.), Arbitration in the Digital Age: The Brave New World of Arbitration, Cambridge, Cambridge University Press, 2018.

    Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.

     

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  • Najjar, N., Arbitration and International Trade in the Arab Countries, Leiden, Brill Nijhoff, 2018.

    Najjar, N., Arbitration and International Trade in the Arab Countries, Leiden, Brill Nijhoff, 2018.

    The author has assembled a masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

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  • Betz, K., Proving Bribery, Fraud, and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence, Cambridge, Cambridge University Press, 2017.

    Betz, K., Proving Bribery, Fraud, and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence, Cambridge, Cambridge University Press, 2017.

    Over the past few decades, arbitration has become the number one mechanism to settle international investment and commercial disputes. As a parallel development, the international legal framework to combat economic crime became much stronger within the fields of foreign public bribery, private bribery, fraud and money laundering. With frequent allegations of criminal conduct arising in international arbitration proceedings, it is crucially important to consider how such claims can be proven. This book analyses relevant case law involving alleged criminal conduct within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence. It is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration.

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  • Bermann, G.A., Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts, Cham, Springer, 2017.

    Bermann, G.A., Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts, Cham, Springer, 2017.

    This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in a great number of jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention's interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts' conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention's interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention's limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention's various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention "on the ground."

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  • Stone Sweet, A., and F. Grisel, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, New York, NY, Oxford University Press, 2017.

    Stone Sweet, A., and F. Grisel, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, New York, NY, Oxford University Press, 2017.

    The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, the authors show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform

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  • Kidane, W.L., The Culture of International Arbitration, New York, NY, Oxford University Press, 2017.

    Kidane, W.L., The Culture of International Arbitration, New York, NY, Oxford University Press, 2017.

    Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

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  • Möckesch, A., Attorney-Client Privilege in International Arbitration, Oxford, Oxford University Press, 2017.

    Möckesch, A., Attorney-Client Privilege in International Arbitration, Oxford, Oxford University Press, 2017.

    Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.

     

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  • Brekoulakis, S., J. Lew, and L. Mistelis (eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.

    Brekoulakis, S., J. Lew, and L. Mistelis (eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.

    This publication presents a detailed overview of the current status of arbitration law, practice, jurisprudence, and scholarship. The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its thirtieth anniversary in April 2015 with a major conference featuring presentations by thirty-five international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving.

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Database

  • Global Arbitration Review : The database includes access to: news reports on recent disputes; all articles of the journal; an online Q&A resource, called GAR Know-How, which provides practitioners with a reference guide to particular dispute types, i.e., commercial arbitration, construction arbitration, investment treaty arbitration, litigation, and maritime & offshore arbitration: annual regional arbitration reviews: and, four guides, The Guide to Damages in International Arbitration, The Guide to Advocacy, The Guide to Energy Arbitrations, and The Guide to Construction Arbitration (Forthcoming).
  • International Chamber of Commerce, ICC Dispute Resolution Library. (No PPL subscription available)
  • Investment Arbitration Reporter: Document Download Repository. This page offers access to selected source materials on investment arbitration, i.e., awards and documents.
  • Italaw : Comprehensive and free database on investment treaties, international investment law and all publicly-available investment arbitration awards and documents.
  • 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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See also

More Research guides on Droit international privé