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 classification → Public international law and subject headings (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 in 2016-2018
Nottage, L.R., “International Arbitration and Society at Large” (February 1, 2018), in A. Bjorklund (et al.) (eds.), Cambridge Compendium of International Commercial and Investment Arbitration, Forthcoming; Sydney Law School Research Paper No. 18/04.
Abstract: This chapter investigates how ‘society at large’ interacts with the world of international arbitration, now and for the foreseeable future. This broad topic can be made more manageable by breaking down the interaction through four focus groups within society: the media, academia, arbitration ‘clubs’, and civil ...
Rogers, C.A., “The World Is Not Enough” (December 29, 2017).
Abstract: If James Bond practiced law, it would be international arbitration. Don’t believe it? Just consider how many international arbitrations would make great plots for a James Bond movie. With this starting premise, this essay uses the 007 metaphor, combined with the cinema-ready drama of actual arbitration ...
Radicati di Brozolo, L.G., “Applying the Rules Governing the Merits in International Commercial Arbitration: What Role for Inherent Powers?” (December 28, 2017).
Abstract: This article is the latest in a series of publications by the author on the rules governing the merits in international commercial arbitration. It deals with the sources and the limits of the powers of arbitrators to identify and apply the rules governing the merits and explores the relations between party autonomy ...
Marchisio, G., “Recent Solutions to Old Problems: A Look at the Expedited Procedure Under the Newly Revised ICC Rules of Arbitration” (December 22, 2017).
Abstract: The article addresses the new expedited procedure under the 2017 ICC Rules. Over the last twenty years, the international arbitration community has become increasingly critical of the duration and cost of arbitral proceedings administered by institutions. The expedited procedure constitutes a tool aimed ...
Tzeng, P., “Appointing Authorities: Self-Appointment, Party Appointment, and Non-Appointment (December 5, 2017), Book Project, Conference on the Legitimacy of Unseen Actors in International Adjudication, The Hague, October 2017.
Abstract: Appointing authorities wield tremendous power in international arbitration. This Chapter examines three phenomena concerning appointing authorities that have occurred in recent arbitrations: self-appointment (where the appointing authority appoints him or herself to the tribunal); party ...
d'Aspremont, J., “The Control Over Knowledge by International Courts and Arbitral Tribunals” (September 9, 2017), in T. Schultz, and F. Ortino (eds.), Oxford Handbook of International Arbitration, Oxford, Oxford University Press, 2018, Forthcoming.
Abstract: This chapter constitutes a heuristic exercise meant to re-imagine international courts and arbitral tribunals as bureaucratic bodies controlling the social reality created by the definitional categories of international law. It primarily claims that, in performing their wide variety of functions, international ...
Park, W.W., “Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata” (August 14, 2017), in A. Rovine (ed.), Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015, Leiden, Brill Nijhoff 2017; Boston Univ. School of Law, Public Law Research Paper No. 17-26.
Abstract: In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court decisions. Memorializing the experience of those who sit as arbitrators or serve as counsel, such ...
Nyarko, J., “Forum Shopping on the Market for Contracts: When Corporations Arbitrate” (August 10, 2017), University of California, Berkeley, School of Law, Working Paper.
Abstract: It is a widely held assumption that sophisticated parties prefer arbitration over litigation. Theory suggests that the preference for arbitration is even more pronounced in cross-border relationships due to the existence of a fundamental distrust of a foreign nations' courts. However, reliable empirical evidence ...
Michaels, R., “International Arbitration as Private or Public Good” (July 27, 2017).
Abstract: The distinction between private goods and public goods, developed in economics, promises new insights for an assessment of arbitration, too. The chapter first introduces that economic distinction between private and public goods. It then demonstrates the ways in which adjudication by courts ...
Nappert, S., “International Arbitration as a Tool of Global Governance: The Use (and Abuse) of Discretion” (June 26, 2017), in The Oxford Handbook on International Governance, Forthcoming.
Abstract: This contribution explores the role and ambit of the exercise of arbitral discretion and its interplay with the governance function of arbitral tribunals as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions ...
Park, W.W., “Rules and Reliability: How Arbitrators Decide Cases” (February 7, 2017), in T. Cole (ed.), The Roles of Psychology in International Arbitration 3 (Kluwer Arbitration Series, 2017); Boston Univ. School of Law, Public Law Research Paper No. 17-38.
Abstract: Any robust account of how arbitrators decide cases must grapple with the roe of rules on several levels. Not just the “hard law” of treaties, statutes and cases, but also the “soft law” of professional guidelines elaborated by stake-holders in the arbitral community, addressing matters like witness ...
Zarra, G., “The Doctrine of Punitive Damages and International Arbitration” (February 2017), Diritto del Commercio Internazionale, (2016), No. 4, pp. 963-991.
Abstract: This article analyzes the possibility to award punitive damages in international arbitration. First of all, it studies the functions of punitive damages in US litigation and the reasons behind the growing interest for this remedy in civil law countries and in the doctrine of international arbitration. Secondly, this article ...
Dsouza, N., “A Case against Taming the Public Policy Exception in the Context of 21st Century International Arbitration”, (February 7, 2017), Posts, Cambridge Journal of International and Comparative Law.
Abstract: The 21st century has seen a shift in the way courts look at their responsibilities. Courts which in the past had exclusive authority to adjudicate on commercial disputes were initially sceptical of arbitration and had a tendency to jealously guard their powers. This has now given way to a less interventionist ...
Moreno Rodríguez, J.A., “Effectiveness of International Commercial Arbitration as a Dispute Settlement Mechanism" (January 17, 2017).
Abstract: This contribution concentrates on some highlighting features that historically made international commercial arbitration very effective, highlighting the challenges of not losing sight of the cosmopolitan spirit that must guide parties and arbitrators in light of recent developments....
Drahozal, C.R., “Empirical Findings on International Arbitration: An Overview” (December 21, 2016), in T. Schultz and F. Ortino (eds.), Oxford Handbook on International Arbitration, OUP, 2017, Forthcoming.
Abstract: This chapter surveys the existing empirical literature on international arbitration. It seeks to be thorough but does not claim to be comprehensive. The chapter focuses on quantitative rather than qualitative empirical studies, and covers studies both of international commercial arbitration and ...
Jemielniak, J., and M. Kaczmarczyk, "Sociology of Arbitration: New Tools for the New Times" (December 9, 2016). iCourts Working Paper Series No. 81.
Abstract: The article identifies three key areas of tensions, which generate new developments in commercial arbitration. First, the tension between procedural formality and flexibility can be observed, as reflected in the well-established judicialization trend, confronted with a recent renewed interest in ...
Franck, S.D. (et al.), “Inside the Arbitrator's Mind” (November 20, 2016), Emory Law Journal, Vol. 66, Forthcoming; Cornell Legal Studies Research Paper No. 16-46.
Abstract: Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its significance, arbitral decision making is a black box. This Article uses original experimental research to explore how international arbitrators decide cases. ...
Aaken, A. van, and T. Broude, “Arbitration from a Law and Economics Perspective” (October 28, 2016), U of St.Gallen Law and Economics Working Paper No. 2016-07; Hebrew University of Jerusalem Legal Research Paper, 16-37.
Abstract: International arbitration and Law and Economics (L&E) have two things in common. They have both been on the rise in the last decades; and they are both hotly contested and discussed in all their facets. 15 years ago, it was lamented that L&E had neglected (international) arbitration to large extent, ...
Lee, T.H., “International Arbitration of Patent Claims (October 7, 2016), in A.W. Rovine (ed.), Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015, Forthcoming; Fordham Law Legal Studies Research Paper No. 2849465.
Abstract: Multinational companies often have multiple patents in different countries on the same invention or innovation. This often results in extremely costly parallel patent litigations in various national courts. In this Essay, Professor Lee proposes how private arbitration might be used to solve the multi-patent, multi-...
Feldman, M., “International Arbitration and Transparency” (September 25, 2016).
Abstract: Over the past 15 years, a significant “transparency gap” has developed between the investment treaty arbitration and international commercial arbitration regimes. With increasing frequency in investment treaty cases, the public is provided with some form of access to documents and hearings as …
Yaffe, N. D., “Transnational Arbitral Res Judicata” (August 2, 2016).
Abstract: Commercial arbitral awards are universally recognized to give rise to res judicata, but confusion reigns over what law applies to the res judicata effect of a prior arbitral award asserted before a subsequent tribunal. National res judicata laws diverge on key questions such as the availability of issue ...
Ng, J., “When the Arbitrator Creates the Conflict: Understanding Arbitrator Ethics through the IBA Guidelines on Conflict of Interest and Published Challenges” (July 18, 2016), McGill Journal of Dispute Resolution, 2 (2016) No. 1.
Abstract: Arbitrator ethics is one of the most underdeveloped areas in international arbitration. Arbitrators are generally required to meet a baseline level of neutrality by disclosing any potential ethical conflicts and remaining independent and impartial throughout the arbitral process. Unfortunately, not all arbitral ...
Geradin, D., “The Power of Arbitral Tribunals to Raise Public Policy Rules Ex Officio: The Case of EU Competition Law” (June 15, 2016), Tilburg Law & Economics Center (TILEC).
Abstract: Whether arbitral tribunals should be allowed to adjudicate disputes on the basis of legal grounds different from those submitted by the parties is a question that is subject to considerable debate in the international arbitration community. On the one hand, arbitration is a creature of contract and arbitral ...
Talmon, S.A.G., “Objections Not Possessing an 'Exclusively Preliminary Character' in the South China Sea Arbitration” (June 16, 2016), Journal of Territorial and Maritime Studies ,3 (2016), Forthcoming; Bonn Research Papers on Public International Law No 10/2016.
Abstract: The Award on Jurisdiction and Admissibility in the Arbitration between the Republic of the Philippines and the People’s Republic of China is remarkable in that the Tribunal found with respect to 7 of the Philippines’ 15 submissions that a determination of its jurisdiction would involve consideration of ...
Holmes, M. (et al.), “The 2016 Rules of the Australian Centre for International Commercial Arbitration: Towards Further ‘Cultural Reform’” (May 31, 2016). Sydney Law School Research Paper No. 16/49.
Abstract: This commentary on the 2016 ACICA Arbitration Rules highlights key changes aimed primarily at enhancing the efficiency of international arbitration proceedings in Australia. These may contribute directly, but also indirectly by prompting further legislative reforms, to an ongoing ‘cultural reform’ ...
Geradin, D., “Public Policy and Breach of Competition Law in International Arbitration: A Competition Law Practitioner's Viewpoint” (May 29, 2016).
Abstract: The objective of this paper is to analyze the complex interface between competition law, arbitration and public policy from a competition law practitioner’s standpoint. The literature on the above interface has been essentially authored by arbitration experts or at least academics or practitioners ...
Jemielniak, J., “Legal Interpretation and Adjudicatory Activism in International Commercial Arbitration” (May 10, 2016), Forthcoming as a chapter in J. Jemielniak and A.L. Kjær (eds.), Legal Interpretation in the Practice of International Courts and Tribunals, Oxford University Press 2017; iCourts Working Paper Series No. 61.
Abstract: The paper discusses the issue of creative aspects of legal decision-making in the specific setting of international commercial arbitration. It focuses on cases, in which legal interpretation leads to an expression, formulation and consolidation of formerly unspecified or ambiguous rules. In this vein, the ...
Jemielniak, J., “Comparative Analysis as an Autonomization Strategy in International Commercial Arbitration” (March 10, 2016), iCourts Working Paper Series, No. 48.
Abstract: The paper explores the unique character of international commercial arbitration as a globalized phenomenon, where the universalizing and harmonizing effects have largely been achieved by private means and spontaneous expansion, outside the States’ direct intervention and control. The evolution of ...
“The South China Sea Saga Continues” (February 27, 2016), Current Affairs, Cambridge Journal of International and Comparative Law.
Abstract: On 29 October 2015, the Arbitral Tribunal constituted on the initiative of the Philippines rendered its highly anticipated Award on Jurisdiction and Admissibility in the Philippines v China case. The Tribunal found itself competent to rule on seven out of fifteen submissions lodged by the Philippines, whereas it ...
Meshel, Tamar, “The Permanent Court of Arbitration and the Peaceful Resolution of Transboundary Freshwater Disputes” (January 15, 2016), ESIL Reflections, 5 (January 2016), No. 1.
Abstract: States faced with transboundary freshwater disputes may be reluctant to submit them to purely ‘legal’ resolution by the International Court of Justice (ICJ). In light of the limitations of both non-binding mechanisms and judicial settlement by the ICJ, this reflection aims to explore the potential for arbitration ...
Cartoni, Bernardo, “A Rising Star: The Emergency Arbitrator” (January 4, 2016).
Abstract: In this article, after a brief overview about the interim measures, the author examines the matter of the Emergency Arbitrator provisions by comparing six sets of rules among famous arbitral institutions. In particular, the article deals with procedures of application, appointment and decision. The article also ...
- Balthasar, S. (ed.), International Commercial Arbitration: International Conventions, Country Reports and Comparative Analysis - A Handbook, München/Oxford/Baden-Baden, C.H. Beck-Hart-Nomos, 2016.
- Born, G.B., International Commercial Arbitration (3 vols) (2nd ed.), Alphen a/d Rijn, Kluwer Law International, 2014.
- Born, G., International Arbitration: Law and Practice (2nd ed.), Alphen aan de Rijn, Kluwer Law International, 2016.
- Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.
- Grenig, J.E., International Commercial Arbitration, St. Paul, MN, Thomson Reuters, 2013.
- Kolkey, D., Practitioner's Handbook on International Commercial Arbitration, New York, Juris, 2012.
- Moses, M.L., The Principles and Practice of International Commercial Arbitration (3rd ed.), Cambridge, Cambridge University Press, 2017. [e-book]
- Rubino-Sammartano, M., International Arbitration: Law and Practice (3rd ed.) , Huntington, NY, Juris, 2014.
- Várady, T., International Commercial Arbitration: A Transnational Perspective, St. Paul, West, 2012.
- Waincymer, J., Procedure and Evidence in International Arbitration, Alphen aan den Rijn, Kluwer Law International, 2012.
- Weigand, F.-B. (ed.), Practitioner's Handbook on International Commercial Arbitration (2nd ed.), Oxford, Oxford University Press, 2009.
- Ali, S.F. and T. Ginsburg, International Commercial Arbitration in Asia, New York, Juris, 2013.
- Arroyo, M., Arbitration in Switzerland: The Practitioner’s Guide, Alphen aan den Rijn, Wolter Kluwer, Law and Business, 2013.
- Ashford, P., The IBA Rules on the Taking of Evidence in International Arbitration: A Guide, Cambridge, Cambridge University Press, 2013.
- 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. [e-book]
- Betz, K., Proving Bribery, Fraud, and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence, Cambridge, Cambridge University Press, 2017. Nov.
- Born, G., International Arbitration and Forum Selection Agreements: Drafting and Enforcing (5th ed.), Alphen aan de Rijn, Kluwer Law International, 2016.
- Brekoulakis, S. (et al.)(eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.
- Conrad, N., International Commercial Arbitration: Standard Clauses and Forms: Commentary, Basel, Helbing Lichtenhahn, 2013.
- Cordero-Moss, G., International Commercial Arbitration: Different Forms and their Features, Cambridge, Cambridge University Press, 2013.
- Franke, U. (et al.) (eds.), Arbitrating for Peace: How Arbitration Made a Difference, Alphen aan den Rijn, Wolters Kluwer, 2016. [e-book]
- Goeler, J. von, Third-Party Funding in International Arbitration and its Impact on Procedure, Alphen aan den Rijn, Wolters Kluwer, 2016.
- Kidane, W.L., The Culture of International Arbitration, New York, NY, Oxford University Press, 2017.
- Najjar, N., Arbitration and International Trade in the Arab Countries, Leiden, Brill Nijhoff, 2018.
- Paulsson, J., The Idea of Arbitration, Oxford, Oxford University Press, 2013.
- Paulsson, M., The 1958 New York Convention in Action, Alphen a/d Rijn, Kluwer Law International, 2016.
- Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.
- Schütze, R., Institutional Arbitration: Article-by-Article Commentary, München, Beck, 2013.
- Shaughnessy, P., and S. Tung (eds.), The Powers and Duties of an Arbitrator: Liber Amicorum Pierre A. Karrer, Alphen aan den Rijn: Kluwer Law International, 2017.
- Stone Sweet, A., and F. Grisel, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, New York, NY, Oxford University Press, 2017. [e-book]
- Uluc, I., Corruption in International Arbitration, SJD Dissertations, 2016. [e-book]
- Amerasinghe, C.F., “International Arbitration: A Judicial Function?”, in Wolfrum, R. (et al.) (eds.), Contemporary Developments in International Law: Essays in Honour of Budislav Vukas, Leiden/Boston, Brill Nijhoff, 2016, pp. 677-689.
- Brekoulakis, S., “Rethinking Consent in International Commercial Arbitration: A General Theory for Non-signatories”, Journal of International Dispute Settlement, 8 (2017), No. 4, pp. 610-643. [e-article]
- Claire Cutler, A., “International Commercial Arbitration, Transnational Governance, and the New Constitutionalism”, in W. Mattli and T. Dietz (eds.), International Arbitration and Global Governance: Contending Theories and Evidence, Oxford, Oxford University Press, 2014, pp. 140-167.
- De Brabandere, E., and D. Holloway, “Sanctions and International Arbitration”, in L van den Herik (ed.), Research Handbook on UN Sanctions and International Law, Cheltenham, Edward Elgar Publishing, 2017, pp. 304-329. Nov.
- Drahozal, C.R., “”The State of Empirical Research on International Commercial Arbitration: 10 Years Later”, in S. Brekoulakis, J. Lew, and L. Mistelis (eds), The Evolution and Future of International Arbitration: The Next 30 Years, Alphen aan den Rijn, Kluwer Law International, 2016. [PDF]
- Ghodoosi, F., “Theorizing International Arbitration”, in ibid., International Dispute Resolution and the Public Policy Exception, Abingdon, Oxon, Routledge, pp. 91-107.
- Malintoppi, L., and A. Carlevaris, “Challenges of Arbitrators, Lessons from the ICC ”, in C. Giorgetti (ed.), Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, Leiden, Brill Nijhoff, 2015, pp. 140-163.
- Mazza, F., "International Chamber of Commerce (ICC)", in: Performance as a Remedy : Non-Monetary Relief in International Arbitration, New York, NY, Juris, 2011, pp. 141-150.
- Ng, J., “When the Arbitrator Creates the Conflict: Understanding Arbitrator Ethics through the IBA Guidelines on Conflict of Interest and Published Challenges” (July 18, 2016), McGill Journal of Dispute Resolution, 2 (2016) No. 1. [PDF]
- Petsche, M.A., "International Commercial Arbitration and the Transformation of the Conflict of Laws Theory", Journal of International Law and Practice, 18 (2010), No. 3, pp. 453-493
- Rogers, C.A., “The Politics of International Investment Arbitrators”, Santa Clara Journal of International Law, 12 (2014), No. 1, pp. 223-262. [PDF]
- Sanders, P., "UNCITRAL's Model Law on International Commercial Conciliation", in: 23 Arbitration International (2007) 1, pp. 105-142.
- Sperry, D., "The Impact of International Commercial Arbitration on Developing Nations: Has the Emergence of the International Private Justice Market Narrowed the Gap between Developed and Developing Parties?", in: 40 Hong Kong Law Journal (2010) 2, pp. 361-379.
- Talmon, S., “The South China Sea Arbitration and the Finality of ‘Final’ Awards”, Journal of International Dispute Settlement, 8 (2017), No. 2, pp. 388-401.
- Trakman, L., and H. Montgomery, "The ‘Judicialization’ of International Commercial Arbitration: Pitfall or Virtue?”, Leiden Journal of International Law, 30 (2017), No . 2, pp. 405-434; UNSW Law Research Paper No. 65. [PDF]
- Wang, C., “International Arbitration of Maritime Delimitation : An Alternative for East Asia?”, Journal of East Asia and International Law, 7 (2014), No. 2, pp. 427-441.
- Wilske, S., “Sanctions Against Counsel in International Arbitration: Possible, Desirable or Conceptual Confusion?”, Contemporary Asia Arbitration Journal, 8 (2015), No. 2, pp. 141-184. [PDF]
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958).
- ICC Rules of Arbitration 2012 (International Chamber of Commerce).
- Holtzmann, H.M. (et al.), A Guide to the 2006 Amendments to the UNCITRAL Model Law on International Commercial Arbitration : Legislative History and Commentary, Alphen a/d Rijn, Kluwer Law International, 2015.
- Mangan, M. (et al.), A Guide to the SIAC Arbitration Rules, Oxford, Oxford University Press, 2014.
- Reisman, W.M. (et al.), International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes (2nd ed.), St Paul, MN, Foundation Press, 2015.
- Schutze, R., Aschauer, C., Institutional Arbitration: Article-by-Article Commentary, Munchen, Beck, 2013.
- United Nations, Reports of international arbitral awards, 1948-..., New York, United Nations, vol. 1 - vol. 30.
- UNCITRAL Model Law on International Commercial Arbitration (Vienna, 21 June 1985, with amendments as adopted in 2006)
Periodicals, serial publications
- American Review of International Arbitration
- Arbitration International
- Collection of ICC Arbitral Awards
- Collection of Procedural Decisions in ICC Arbitration 1993-1996
- Dispute Resolution International
- ICC International Court of Arbitration Bulletin
- ICCA Congress Series
- Journal of International Arbitration
- McGill Journal of Dispute Resolution (Open access)
- Revue de l'arbitrage
- Transnational Dispute Management
- Vindobona Journal of International Commercial Law and Arbitration
- World Arbitration and Mediation Review
- World Trade and Arbitration Materials
- Yearbook Commercial Arbitration
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.
Keywords: Belgium, Commercial arbitration, Arbitral awards, International commercial arbitration,
2. Les divers modes d'application du droit français des contrats en tant que "Lex Contractus" dans l'arbitrage international =The Various Modes of Implementation of French Contract Law as "Lex Contractus" in International Arbitration
Keywords: France, International arbitration, Law of contracts, International contracts, International commercial law,
3. Les principes généraux gouvernant l'interprétation du contrat =The General Principles behind Contract Interpretation
Keywords: France, International arbitration, International contracts, Lex mercatoria, Choice of law, Interpretation,
4. Négociation et formation du contrat
Keywords: France, International arbitration, Law of contracts, International contracts, Negotiations, Comparative law,
5. L'offre, l'acceptation et les vices du consentement
Keywords: France, International arbitration, Unidroit Principles of International Commercial Contracts, International contracts, Consent, Comparative law,
6. L"arbitrage et l'introduction de l'imprévision dans la réforme du droit des contrats en France
Keywords: France, International arbitration, International contracts, Interpretation, Law of contracts,
7. L"art et la science de la négociation dans le nouveau droit français des contrats
Keywords: France, International arbitration, International contracts, Negotiations, Law of contracts,
8. Rapport de synthese
Keywords: France, Unidroit Principles of International Commercial Contracts, International arbitration, International contracts, Choice of law,
9. Australia's Increasing Enmeshment in International Law Dispute Resolution: Implications for Sovereignty
Keywords: Australia, Sovereignty, Judicial settlement of international disputes, International dispute settlement, International Court of Justice, International arbitration,
10. Arbitration in the digital age
Keywords: Internet, Social media, Arbitrators, Online dispute resolution, International commercial arbitration,
11. A Second (Quasi-Perfect?) Storm also in Arbitration?
Keywords: International arbitration, Arbitration tribunal, Arbitrators, Certification,
12. Due Process Paranoia: Need We Be Cruel to Be Kind
Keywords: International arbitration, Administration of justice, Arbitrators, Interested party,
13. Accessing and Assessing Australia’s International Arbitration Act
Keywords: Australia, International commercial arbitration,
14. International Arbitration and EU Competition Law Complement Rather than Contradict One Another
Keywords: European Union, Competition, Subject matter, International commercial arbitration, Investment arbitration, Arbitrators, Court of Justice of the European Union, Judicial review,
Najjar, N., Arbitration and International Trade in the Arab Countries, Leiden, Brill Nijhoff, 2018.View this title in our link resolver Plinklet
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.
Betz, K., Proving Bribery, Fraud, and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence, Cambridge, Cambridge University Press, 2017.View this title in our link resolver Plinklet
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.
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.View this title in our link resolver Plinklet
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."
Stone Sweet, A., and F. Grisel, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, New York, NY, Oxford University Press, 2017.View this title in our link resolver Plinklet
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
Kidane, W.L., The Culture of International Arbitration, New York, NY, Oxford University Press, 2017.View this title in our link resolver Plinklet
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.
Möckesch, A., Attorney-Client Privilege in International Arbitration, Oxford, Oxford University Press, 2017.View this title in our link resolver Plinklet
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.
Fan Yang, Foreign-Related Arbitration in China: Commentary and Cases (2 Vols.), Cambridge, Cambridge University Press 2016.View this title in our link resolver Plinklet
This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently.
Ashford, P., The IBA Guidelines on Party Representation in International Arbitration: A Guide, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
The guidelines on party representation are one of three key publications published by the IBA and are commonly referred to or adopted as good practice in international arbitration. This user-friendly handbook to the guidelines will benefit the understanding and practical application of arbitration protocol in the legal community. Written by a respected and experienced arbitration practitioner, this is a companion volume to The IBA Rules on the Taking of Evidence in International Arbitration and combines commentary from the drafting committee, additional analysis of the guidelines and tabular comparative material addressing the interaction with Major Professional Conduct Rules and Major Institutional Rules.
Brekoulakis, S., J. Lew, and L. Mistelis (eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.View this title in our link resolver Plinklet
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.
Goeler, J. von, Third-Party Funding in International Arbitration and its Impact on Procedure, Alphen aan den Rijn, Wolters Kluwer, 2016.View this title in our link resolver Plinklet
Pursuing international arbitration proceedings can be costly. As a result, it is becoming increasingly common for parties to transfer the costs and risks associated with international arbitration disputes to third-party funders. In recent years, institutional speciality providers of capital for dispute resolution litigation funders - have entered the market for international arbitration daims. International arbitral procedures involving parties supported by litigation funders and other third-party funders have become a reality - one that has left many in the arbitration community puzzled until now. In this book, the author describes and analyses the role of third-party funding, notably litigation funding, in the context of international arbitration, taking into account contractual, industry-related, economic, empirical, ethical, regulatory, and procedural aspects. The book's focus is on procedure - that is, to examine which issues are likely to arise in the course of international arbitral proceedings involving funded parties, and to provide guidance on how these issues can be solved.
Schaffstein, S., Doctrine of "Res Judicata" before International Commercial Arbitral Tribunals, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal be conclusive and that it should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. The work sets out the transnational principles in the form of guidelines for international arbitrators.
Fouret, J., Enforcement of Investment Treaty Arbitration Awards, London, Globe Law and Business, 2015.View this title in our link resolver Plinklet
The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before. Investment treaty arbitration has thus become the preferred dispute resolution mechanism for resolving disputes with a state relating to foreign investment. However, securing a final arbitral award in this context is often only the beginning of a complicated process in enforcing arbitral awards against sovereigns and state entities. Spearheaded by leading arbitration practitioner Julien Fouret at Castaldi Mourre in Paris, this new title brings together more than 30 experts to provide both substantive analysis of recurring issues at the enforcement stage of awards and practical perspectives on how to enforce an award based on investment treaties. It explores enforcement issues ranging from the specificities of the International Centre for Settlement of Investment Disputes mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities; and addresses the means to enforce these types of award in practice.Valuable jurisdiction-specific information is provided for over 25 states, including coverage of the applicable international and domestic legal frameworks and reviews of the most recent practices. Whether you are an arbitration lawyer in private practice or a user of investment treaty arbitration, this title will provide you with holistic, practical and theoretical insight on the last and most important step of an arbitral process against a state or state entity.
Garcia-Bolivar, O., and H. Otero (eds.), Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
The editors of the book present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.
Euler, D. (et al.) (eds.), Transparency in International Investment Arbitration: A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, Cambridge University Press, 2015.View this title in our link resolver Plinklet
The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia.
Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
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.
Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
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.
- 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.
- 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.
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.Read more
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.Read more
- ASIL Guide to Electronic Resources for International Law : International Commercial Arbitration, by Gloria Miccioli
- Annual Willem C. Vis International Commercial Arbitration Moot
- Australian Centre for International Commercial Arbitration
- Center for Transnational Litigation and Commercial Law
- Chartered Institute of Arbitrators
- Documentation International Commercial Arbitration, T.M.C. Asser Instituut
- E-Arbitration-T Project : Online Dispute Resolution
- Global Arbitration Review
- Hong Kong International Arbitration Centre
- Inter-American Commercial Arbitration Commission
- Institute for Transnational Arbitration
- International Centre for Dispute Resolution
- International Chamber of Commerce
- International Commercial Arbitration, Cornell University Law Library
- International Commercial Arbitration, Globalex Guide by Susan Gualtier
- International Commercial Arbitration: Resources in Print and Electronic Format
- International Commercial Arbitration and Conciliation
- International Commercial Arbitration Research: Handbooks, Treatises & Research Guides, Gallagher Law Library
- International Council for Commercial Arbitration
- Investment Treaty Arbitration
- Juris International : Arbitration and Mediation Centres
- LLRX International Commercial Arbitration : Locating the Resources
- London Court of International Arbitration
- Kluwer Arbitration Blog
- WIPO Arbitration and Mediation Center