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 2015-2017

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 ...

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 ...

Rogers, Catherine A., “Transparency in Arbitrator Selection" (November 19, 2015), Austrian Yearbook on International Arbitration, Forthcoming.
Abstract: Not so long ago, calling for greater transparency in arbitrator selection was akin to threatening to raze the gates of Rome and sack its inhabitants. Today, however, users and observers of international arbitration are insisting on something more concrete. This essay traces recent developments that ...

Park, W.W., “Equality of Arms in Arbitration: Cost and Benefits” (October 16, 2015), in Mélanges en l'honneur de Pierre Mayer, LGDJ, 2015; Boston Univ. School of Law, Public Law Research Paper No. 15-41.
Abstract: Depending on context and content, a regulatory framework can either help or hinder efforts to enhance aggregate social and economic welfare. Lively debate has arisen with respect to the net effects of two recent sets of directives for lawyer comportment in cross-border arbitration, the first being ...

Park, W.W., “Explaining Arbitration Law” (October 16, 2015), in J.C. Betancourt (ed.),Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators: Centennial Liber Amicorum, 2015, Forthcoming; Boston Univ. School of Law, Public Law Research Paper No. 15-42.
Abstract: Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally includes two limbs: first, to hold parties to their bargains ...

Schultz, T., “International Arbitration Scholarship: Forms, Determinants, Evolution” (October 12, 2015), in S. Brekoulakis, J. Lew, and L. Mistelis (eds), Evolution of International Arbitration, Kluwer, 2016, Forthcoming.
Abstract: We have spilled much ink, we as a community, in our discussion of international arbitration. Much of it we have used on specific technical aspects of the laws and rules that apply to it, or that apply in it. A great deal too has gone to how good procedures are to be conducted. And increasingly, of late, we have ...

Strong, S.I., “Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy” (September 1, 2015), Michigan Journal of International Law, 37 (2016), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-18.
Abstract: Over the last few decades, international commercial arbitration has become the preferred means of resolving cross-border business disputes. The popularity of this particular device is due to a number of uniquely attractive features ranging from the mechanism’s sophisticated blend of common law and civil ...

Basedow, J.,” EU Law in International Arbitration: Referrals to the European Court of Justice”, Journal of International Arbitration, 32 (2015), No. 4, pp. 367-386; Max Planck Private Law Research Paper No. 15/16.
Abstract: While the courts of Member States are enabled or even required to submit preliminary questions concerning the interpretation of EU law to the Court of Justice of the EU such referrals have traditionally been held inadmissible where made by arbitration panels. The article highlights a gradual ...

Grant, K., “The ICSID Under Siege: UNASUR and the Rise of a Hybrid Regime for International Investment Arbitration” (July 2, 2015), Osgoode Hall Law Journal, 52 (2015), No. 3, Forthcoming; Osgoode Legal Studies Research Paper No. 26/2015.
Abstract: The legitimacy and effectiveness of the International Centre for Settlement of Investment Disputes (ICSID) is a matter of spirited debate. It has been argued by some that ICSID’s ideological and procedural bias impedes fairness and by others that its complexity and cost restrict access to justice; ...

Bergolla, L.A., “Independence, Impartiality, and Disclosure: Delimiting the Right to Challenge International Arbitrators” (May 16, 2015).
Abstract: The question of arbitrator bias, and how the arbitrator’s disclosures [or lack thereof] can affect the perception over the arbitrators’ independence and impartiality is at the core of the parties’ right to have their case decided by fair-minded arbitrators. This paper reviews the concept of bias and the content of ...

Zlatanska, Elina, “To Publish, or Not to Publish Arbitral Awards: That is the Question…” (February 2015), International Journal of Arbitration, Mediation and Dispute Management, 81 (2015), No. 1.
Abstract: The vast majority of the information concerning international commercial arbitration and the arbitrators’ decision-making method is obtained through anecdotal sources and a limited number of published awards. The aim of this article is to review the advantages and disadvantages of systematic ...

Rothwell, Donald R., “The Arbitration between the People’s Republic of China and the Philippines Over the Dispute in the South China Sea” (January 2015), ANU College of Law Research Paper No. 14-48.
Abstract: International law has a significant role to play in the multiple disputes that exist throughout the South China Sea. The first relevant area of international law is that dealing with territoriality and the basis under international law that States are able to assert, and have recognised, territorial claims. The second ...

Argen, Robert, “Ending Blind Spot Justice: Broadening the Transparency Trend in International Arbitration” (January 2015), Brooklyn Journal of International Law, (2015), Forthcoming.
Abstract: The debate regarding the importance of transparency versus privacy and confidentiality in international arbitration is at a crossroads. On April 1, 2014, UNCITRAL's "ground-breaking" Rules on Transparency in Treaty-Based Investor-State Arbitration ("Transparency Rules") took effect. But the ...

Meshel, Tamar, "Human Rights in Investor-State Arbitration: The Human Right to Water and Beyond" (January 2015), Journal of International Dispute Settlement, 6 (2015), No. 2, Forthcoming.
Abstract: This article analyzes the restrictive approach adopted by investor-State arbitration tribunals to human rights arguments raised by host States, as exemplified in the case of the human right to water, and examines the potential implications of this approach for the international human rights regime and the ...

Caron, David D., “Regulating Opacity: Shaping How Tribunals Think” (January 2015), Chapter in Practicing Virtue: Inside International Arbitration, 2015, Forthcoming ; King's College London Law School Research Paper No. 2015-07.
Abstract: This manuscript in a novel fashion looks at transparency by considering an aspect of arbitration where the opposite condition remains quite accepted; namely, the opacity of the deliberations of the arbitral tribunal. The manuscript considers how the institutional structure of arbitration shapes the ...

Pauwelyn , Joost, "WTO Panelists Are From Mars, ICSID Arbitrators Are From Venus: Why? And Does it Matter?" (January 2015), Working Paper.
Abstract: Who are the individuals deciding today’s international disputes? Is the pool of people, their nationality, professional background, diversity, status or ideology different across international tribunals? If so, why? And does it matter in terms of outcomes, or the effectiveness or legitimacy of the tribunal or the ...

Bibliography

Reference works

Recent books

Recent 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. A guide to the 2006 amendments to the UNCITRAL model law on international commercial arbitration
A guide to the 2006 amendments to the UNCITRAL model law on international commercial arbitration : legislative history and commentary / by Howard M. Holtzmann, Joseph E. Neuhaus, Edda Kristjánsdóttir and Thomas W. Walsh. - Alphen aan den Rijn : Wolters Kluwer, Law & Business, [2015]. - XII, 833 pages. ; 25 cm Includes bibliographical references and index. - [2015]
Keywords: UNCITRAL Model Law on International Commercial Arbitration, International commercial arbitration, Commentaries,

2. The Legitimacy and Public Accountability of Global Litigation
The Legitimacy and Public Accountability of Global Litigation : The Particular Case of Transnational Arbitration / Diego P. Fernández Arroyo. - Oxford ; Portland, Oregon : Hart Publishing. - Pages 355-373 In: The Transformation of Enforcement : European Economic Law in Global Perspective / edited by Hans-W Micklitz and Andrea Wechsler, ISBN 9781849468916: (2016), Pages 355-373. - 2016
Keywords: United Nations Commission on International Trade Law, Commercial arbitration, International commercial arbitration, Legitimacy,

3. Conduct of arbitration
Conduct of arbitration / editors Alexander J. Bělohlávek, Naděžda Rozehnalová. - The Hague : Lex Lata BV, 2017. - XIII, 445 pages. ; 24 cm. - (Czech (& Central European) yearbook of arbitration, ISSN 2157-9490 ; volume VII) Bibliography: pages 383-401. - Includes bibliographical references and index. - 2017
Keywords: Czech Republic, Arbitration, International commercial arbitration,

4. Lex mercatoria ve milletlerarası tahkim
Lex mercatoria ve milletlerarası tahkim = Lex mercatoria and international arbitration / Koray Güven In: Milletlerarası Hukuk ve Milletlerarası Özel Hukuk Bülteni = ISSN 1308-0385: vol. 34, issue 2, page 1-57. - 2014
Keywords: International commercial arbitration, Lex mercatoria,

5. Ethical Rules of Conduct in International Arbitration
Ethical Rules of Conduct in International Arbitration / Petr Dobiáš. - The Hague : Lex Lata BV. - Pages 27-44 In: Conduct of Arbitration / editors Alexander J. Bélohlávek, Naděžda Rozehnalová, ISBN 9789082460360: (2017), Pages 27-44. - 2017
Keywords: International commercial arbitration, Ethics,

6. Confidentiality of the Materials Used in the Course of Arbitral Proceedings
Confidentiality of the Materials Used in the Course of Arbitral Proceedings / Klára Drličková. - The Hague : Lex Lata BV. - Pages 45-66 In: Conduct of Arbitration / editors Alexander J. Bélohlávek, Naděžda Rozehnalová, ISBN 9789082460360: (2017), Pages 45-66. - 2017
Keywords: International commercial arbitration, Confidentiality,

7. Increasing Efficiency in Arbitration, Who can do what?
Increasing Efficiency in Arbitration, Who can do what? / Michael Dunmore. - The Hague : Lex Lata BV. - Pages 67-82 In: Conduct of Arbitration / editors Alexander J. Bélohlávek, Naděžda Rozehnalová, ISBN 9789082460360: (2017), Pages 67-82. - 2017
Keywords: International commercial arbitration, Proceedings, Arbitration clause, Party autonomy, Judges,

8. Burden of Proof in International Arbitration
Burden of Proof in International Arbitration / Salvatore Patti. - The Hague : Lex Lata BV. - Pages 101-115 In: Conduct of Arbitration / editors Alexander J. Bélohlávek, Naděžda Rozehnalová, ISBN 9789082460360: (2017), Pages 101-115. - 2017
Keywords: International commercial arbitration, Evidence,

9. Opening Statements at Evidentiary Hearings
Opening Statements at Evidentiary Hearings / Roman Prekop, Peter Petho. - The Hague : Lex Lata BV. - Pages 117-134 In: Conduct of Arbitration / editors Alexander J. Bélohlávek, Naděžda Rozehnalová, ISBN 9789082460360: (2017), Pages 117-134. - 2017
Keywords: International commercial arbitration, Declarations, Evidence, Proceedings,

10. Enforcement Issues in the Conduct of Arbitration and National Laws in International Arbitration
Enforcement Issues in the Conduct of Arbitration and National Laws in International Arbitration / Wojciech Wandzel, Kuba Ga̜siorowski. - The Hague : Lex Lata BV. - Pages 153-169 In: Conduct of Arbitration / editors Alexander J. Bélohlávek, Naděžda Rozehnalová, ISBN 9789082460360: (2017), Pages 153-169. - 2017
Keywords: International commercial arbitration, International arbitral awards, Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958),

11. The Differences in the Use of Expert Witness Evidence between International Arbitration and Litigation
The Differences in the Use of Expert Witness Evidence between International Arbitration and Litigation / Ewelina Wyraz. - The Hague : Lex Lata BV. - Pages 171-189 In: Conduct of Arbitration / editors Alexander J. Bélohlávek, Naděžda Rozehnalová, ISBN 9789082460360: (2017), Pages 171-189. - 2017
Keywords: International commercial arbitration, Trials, Evidence, Expertise, Procedure,

12. The Standard of Civilization on Trial at the United States/Mexico Claims Commission 1923-1937
The Standard of Civilization on Trial at the United States/Mexico Claims Commission 1923-1937 / Allison Powers Useche In: Jus Gentium: Journal of international legal history = ISSN 2381-0262: vol. 1, issue 2, page 391-426. - 2016
Keywords: Mexico, United States of America, International arbitration, Public international law, Civilization, Denial of justice, History of international law,

13. The Role of the Judiciary in the Enforcement of Arbitral Awards in Jordan
The Role of the Judiciary in the Enforcement of Arbitral Awards in Jordan / Waddah Alrawashdeh In: Pecs Journal of International and European Law = ISSN 2064-9401: issue 1, page 49-57. - 2017
Keywords: Jordan, International commercial arbitration, Recognition and execution of foreign arbitral awards, Judicial organisation,

 

 

Librarian's choice

  • 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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  • Fan Yang, Foreign-Related Arbitration in China: Commentary and Cases (2 Vols.), Cambridge, Cambridge University Press 2016.

    Fan Yang, Foreign-Related Arbitration in China: Commentary and Cases (2 Vols.), Cambridge, Cambridge University Press 2016.

    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.

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  • Ashford, P., The IBA Guidelines on Party Representation in International Arbitration: A Guide, Cambridge, Cambridge University Press, 2016.

    Ashford, P., The IBA Guidelines on Party Representation in International Arbitration: A Guide, Cambridge : Cambridge University Press, 2016.

    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.

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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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  • Goeler, J. von, Third-Party Funding in International Arbitration and its Impact on Procedure, Alphen aan den Rijn, Wolters Kluwer, 2016.

    Goeler, J. von, Third-Party Funding in International Arbitration and its Impact on Procedure, Alphen aan den Rijn, Wolters Kluwer, 2016.

    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.

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  • Schaffstein, S., Doctrine of "Res Judicata" before International Commercial Arbitral Tribunals, Oxford, Oxford University Press, 2016.

    Schaffstein, S., Doctrine of "Res Judicata" before International Commercial Arbitral Tribunals, Oxford, Oxford University Press, 2016.

    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.

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  • Fouret, J., Enforcement of Investment Treaty Arbitration Awards, London, Globe Law and Business, 2015.

    Fouret, J., Enforcement of Investment Treaty Arbitration Awards, London, Globe Law and Business, 2015.

    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.

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  • 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.

    García-Bolívar, 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.

    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.

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  • 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.

    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.

    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.

     

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  • Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.

    Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.

    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.

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  • Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.

    Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.

    This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

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Database

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

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