International Arbitration

Introduction

International Arbitration | Research Guide International Law

International Commercial Arbitration is a method of private dispute resolution whereby the parties to an international business contract agree to have their disputes resolved by one or more private individuals, i.e., the arbitrators rather than by a court of law.  It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision of the arbitrator(s) is final and binding on the parties on the basis of their initial agreement to arbitrate. In case the arbitral decision (award) is not carried out by the losing party, performance of it may be enforced through national court proceedings.

This Guide is intended as a starting point for research on International Commercial Arbitration. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's systematic 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

Thapa, S., “Arbitrating Smart Contract Disputes” (April 7, 2018), Blog, iPleaders.
Abstract: Before moving on to the understanding of Blockchain Arbitration, it is imperative to understand what smart contracts are and how they work. Smart contracts were first proposed by Nick Szabo, who coined the term, in 1994. Smart Contracts can be defined as a set of promises, specified in the digital ...

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., “Arbitrator Intelligence: From Intuition to Data in Arbitrator Appointments” (January 30, 2018), New York Dispute Resolution Lawyer, 11 (2018), No. 2. Abstract: In virtually every sector of modern business, data is enhancing if not replacing intuition as the basis for making decisions. In selecting international arbitrators, however, intuition still predominates. ‘Expertise’ and ‘’efficiency’ are identified ...

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 ...

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 ...

Norton Rose Fulbright: International Arbitration Report, Issue No. 9 , October 2017.
Abstract: This issue features innovation and disruption in international arbitration. It outlines legal technologies as Artificial Intelligence, Blockchain technology and Smart Contracts. Arbitration is well-placed to utilize and benefit from new legal technologies, in particular online dispute resolution and Big Data. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

 

Bibliography

Reference works

Books

Articles

Documents

Periodicals, serial publications

Bibliographies

New titles

Updated every Friday morning.

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on International Arbitration and International Commercial Arbitration.


1.
Arbitral awards of the Cairo Regional Centre for International Commercial Arbitration / Mohie Eldin I. Alam Eldin. - The Hague : Kluwer Law International, 2014. - 1 online resource (XIII, 424 pages) Includes bibliographical references. - 2014
Keywords: Egypt, International commercial arbitration, International arbitral awards,

2. A guide to the UNCITRAL model law on international commercial arbitration
A guide to the UNCITRAL model law on international commercial arbitration : legislative history and commentary / edited by Howard M. Holtzmann and Joseph E. Neuhaus. - Alphen aan den Rijn : Kluwer Law International, 1989. - 1 online resource (V, 1271 pages) Includes bibliographical references and index. - 1989
Keywords: International commercial arbitration, UNCITRAL Model Law on International Commercial Arbitration, Commentaries,

3. Arbitration in the digital age
Arbitration in the digital age : the brave new world of arbitration / edited by Maud Piers, Christian Aschauer. - Cambridge, United Kingdom : Cambridge University Press, [2018]. - XII, 314 pages. : illustrations. ; 24 cm Includes bibliographical references and index. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Internet, Social media, Online dispute resolution,

4. Young ICCA guide on arbitral secretaries
Young ICCA guide on arbitral secretaries / list of contributors: Niuscha Bassiri, Christopher Bloch, Leilah Bruton, Joshua Fellenbaum, Ulrike Gantenberg, L. Andrew S. Riccio, Garth Schofield. - [The Hague] : International Council for Commercial Arbitration, 2014. - 1 online resource (VII, 88 pages). : illustrations. - (The ICCA reports ; no. 1) Includes bibliographical references. - 2014
Keywords: International commercial arbitration, Secretariat,

5. Yearbook Commercial Arbitration 2003
Yearbook Commercial Arbitration 2003. - The Hague [etc.] : Kluwer Law International, 2003. - V, 1434 p. - (Yearbook Commercial Arbitration ; Volume XXVIII) General characterization: text; computer; online resource - 2003
Keywords: Arbitration, Commercial arbitration, Arbitral awards, Recognition and execution of foreign arbitral awards, International commercial arbitration,

6. Arbitration and mediation in international business
Arbitration and mediation in international business / Christian Bühring-Uhle and for the second edition, Lars Kirchhoff and Gabriele Scherer ; [with a foreword by William W. Park]. - Second edition. - Alphen aan den Rijn, the Netherlands : Kluwer Law International, ©2006. - 1 online source (XIX, 309 pages). : illustrations. - (International arbitration law library) Includes bibliographical references and index. - ©2006
Keywords: United States of America, Germany, Europe, International arbitration, International commercial arbitration, Alternative dispute resolution,

7. Arbitration in the digital age
Arbitration in the digital age : the brave new world of arbitration / edited by Maud Piers, Christian Aschauer. - Cambridge, United Kingdom : Cambridge University Press, [2018]. - XII, 314 pages Includes bibliographical references and index. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Internet, Social media, Online dispute resolution,

8. Towards an Effective System of Interim Relief in International Arbitration
Towards an Effective System of Interim Relief in International Arbitration / Luis Ortiz-Alvarez In: World Arbitration & Mediation Review = ISSN 1934-3310: vol. 11, issue 1, page 45-118. - 2017
Keywords: Arbitration tribunal, Relief, International arbitration, International dispute settlement,

9. Fast Track Procedures: A New Trend in Institutional Arbitration
Fast Track Procedures: A New Trend in Institutional Arbitration / Javier Tarjuelo In: Dispute Resolution International = ISSN 2075-5333: vol. 11, issue 2, page 105-116. - 2017
Keywords: International Chamber of Commerce, International commercial arbitration, Proceedings,

10. Climate Change and Dispute Resolution
Climate Change and Dispute Resolution / Wendy J. Miles, Nicola K. Swan In: Dispute Resolution International = ISSN 2075-5333: vol. 11, issue 2, page 117-132. - 2017
Keywords: Environmental protection, Climate change, International arbitration, Investor-State dispute settlement, International Centre for Settlement of Investment Disputes, United Nations Framework Convention on Climate Change (New York, 9 May 1992), Multilateral environmental agreements,

11. al-Taḥkīm al-duwalī wa-dawruhu fī dafʿ ʿaǧalat al-istiṯmār
al-Taḥkīm al-duwalī wa-dawruhu fī dafʿ ʿaǧalat al-istiṯmār / D. Hišām Bānāǧah. - [al-Qāhira] : Awrāq li-al-Našr wa-al-Tawzīʿ, 2016. - 223 pages. ; 22 cm ISBN 978-977-769-090-4 paperback - 2016
Keywords: Egypt, International commercial arbitration, Foreign direct investment, Party autonomy, Choice of law, Arbitration treaties, Arbitration clause, Precautionary measures, Action for annulment, International Centre for Settlement of Investment Disputes,

12. Introduction
Introduction / Maud Piers and Christian Aschauer. - Cambridge, United Kingdom : Cambridge University Press. - Page 1-14 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 1-14. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Internet, Social media, Online dispute resolution,

13. Survey on the Present Use of ICT in International Arbitration
Survey on the Present Use of ICT in International Arbitration / Maud Piers and Christian Aschauer. - Cambridge, United Kingdom : Cambridge University Press. - Page 15-24 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 15-24. - [2018]
Keywords: International commercial arbitration, Information and communication technology,

14. Revolutionizing Technologies and the Use of Technology in International Arbitration
Revolutionizing Technologies and the Use of Technology in International Arbitration : Innovation, Legitimacy, Prospects and Challenges / Mohamed S. Abdel Wahab and Ethan Katsh. - Cambridge, United Kingdom : Cambridge University Press. - Page 27-55 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 27-55. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Online dispute resolution, Proceedings, Arbitration clause,

15. The Security and Reliability of Electronic Communication
The Security and Reliability of Electronic Communication : with a Critical Note on the Human Factor / Philipp Schaumann and Max Burger-Scheidlin. - Cambridge, United Kingdom : Cambridge University Press. - Page 56-79 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 56-79. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Electronic communications, Security,

16. Your Associates, Staff and Partners: Friends or Foes?
Your Associates, Staff and Partners: Friends or Foes? : a Critical Note on the Human Factor / Max Burger-Scheidlin. - Cambridge, United Kingdom : Cambridge University Press. - Page 80-85 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 80-85. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Security, Ethics,

17. Case Study
Case Study : the Institutional Perspective / Erik Schäfer. - Cambridge, United Kingdom : Cambridge University Press. - Page 86-98 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 86-98. - [2018]
Keywords: International commercial arbitration, Organizations, Information and communication technology, Online dispute resolution,

18. Case Study
Case Study : the Legislator's Perspective / Annet van Hooft and Julia Kroes-Lastochkina. - Cambridge, United Kingdom : Cambridge University Press. - Page 99-125 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 99-125. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Online dispute resolution, Cryptographic methods, Electronic documents, Legal regime, Civil law,

19. Case Study
Case Study : the Practitioner's Perspective / Sophie Nappert and Paul Cohen. - Cambridge, United Kingdom : Cambridge University Press. - Page 126-147 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 126-147. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Online dispute resolution, Lawyers, Arbitrators, Decision-making,

20. E-Arbitration Agreements and E-Awards: Arbitration Agreements concluded in an Electronic Environment and Digital Arbitral Awards
E-Arbitration Agreements and E-Awards: Arbitration Agreements concluded in an Electronic Environment and Digital Arbitral Awards / Reinmar Wolff. - Cambridge, United Kingdom : Cambridge University Press. - Page 151-181 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 151-181. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Arbitration clause, Arbitral awards, International arbitral awards, Online dispute resolution,

21. Arbitrators and their Online Identity
Arbitrators and their Online Identity / Niuscha Bassiri. - Cambridge, United Kingdom : Cambridge University Press. - Page 246-271 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 246-271. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Arbitrators, Identity, Impartiality, Internet, Social media, Guidelines,

22. How Online Sources affect Counsel Strategies and Behavior in Arbitration
How Online Sources affect Counsel Strategies and Behavior in Arbitration / Marc D. Veit. - Cambridge, United Kingdom : Cambridge University Press. - Page 272-282 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 272-282. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Lawyers, Information, Internet, Social media,

23. Conclusion
Conclusion / Maud Piers and Christian Aschauer. - Cambridge, United Kingdom : Cambridge University Press. - Page 283-299 In: Arbitration in the Digital Age : the Brave New World of Arbitration / edited by Maud Piers, Christian Aschauer, ISBN 9781108417907: ([2018]), Page 283-299. - [2018]
Keywords: International commercial arbitration, Information and communication technology, Internet, Artificial intelligence, Online dispute resolution,

24. Inside the Arbitrator's Mind
Inside the Arbitrator's Mind / Susan D. Franck, Anne van Aaken, James Freda, Chris Guthrie and Jeffrey J. Rachlinski In: Emory law journal = ISSN 0094-4076: vol. 66, issue 5, page 1115-1174. - 2017
Keywords: International dispute settlement, International commercial arbitration, Investment arbitration, Arbitrators, Decision-making, Psychology, International economic relations,

 

 

Librarian's choice

  • 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.
  • 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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  • 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

PPL keywords