International Arbitration

Introduction

International Arbitration | Research Guide International Law

Updated: January 8, 2019 (Bibliography).

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 2017-2019

Advancing Innovation in International Arbitration Collection (December 3, 2018).
Ahead of the ICDR-AAA/ICC/ICSID 35th Annual Joint Colloquium on International Arbitration on the 7th December 2018 in Washington D.C., Oxford University Press curated an article collection focusing on the theme of this year's event: 'Advancing Innovation in International Arbitration'. The articles, from ICSID Review, Arbitration International, and the Journal of International Dispute Settlement, are free to read online until March 2019.

Kryvoi, Y., “ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them”, (November 8, 2018), British Institute of International and Comparative Law (BIICL).
Abstract: This paper summarises key practical concerns of some members of the Investment Treaty Forum related to ICSID arbitration and how the ICSID reform proposals address these concerns and makes suggestions for improvement. The paper also includes a comparison between the ICSID Rules and other ...

Sussman, E., “Cyber Intrusion As the Guerrilla Tactic: An Appraisal of Historical Challenges in an Age of Technology and Big Data” (November 4, 2018), in J. Kalicki and M.A. Raouf, (eds.), Evolution and Adaptation: The Future of International Arbitration, ICCA Congress Series No. 20, Kluwer 2019, Forthcoming.
Abstract: While guerrilla tactics in arbitration such as fabricated or illegally obtained evidence are not new, cyber intrusion requires a review of pertinent issues that might arise in the course of a proceeding where fabricated or illegally obtained evidence is made possible by virtue of cyber intrusion. This article seeks ...

Bookman, P., “The Arbitration-Litigation Paradox” (September 21, 2018). Vanderbilt Law Review, Forthcoming.
Abstract: The Supreme Court’s interpretation of the Federal Arbitration Act is universally touted as favoring arbitration. In many contexts, such pro-arbitration decisions are viewed as supporting the Court’s more general hostility to litigation as a whole. Those pro-arbitration and anti-litigation policies are considered ...

Nazzini, R., “Enforcement of International Arbitral Awards: Res Judicata, Issue Estoppel, and Abuse of Process in a Transnational Context” (June 12, 2018), King's College London: The Dickson Poon School of Law, Working Paper.
Abstract: The Article explores whether a judgment rejecting a challenge of the award at the seat of the arbitration or granting or refusing enforcement gives rise to an estoppel in further enforcement proceedings. An estoppel would preclude the party opposing enforcement from relitigating issues that ...

Yates, C.R., "Manifest Disregard in International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, or Ugly" (May 31, 2018), University of Massachusetts Law Review, 13 (2018), No. 2, Article 5 (pp. 336-366).
Abstract: Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law. Presently, the United States Supreme Court has not made a definite decision on whether manifest ...

Crawford, J., “The Ideal Arbitrator: Does One Size Fit All?” (May 14, 2018), American University International Law Review, 32 (2018), No. 5, Article 1.
Abstract: This article will focus on the expansion of expectations of the arbitrator in the cognate fields of international commercial arbitration and investment treaty arbitration. The false premise that there is an ideal arbitrator for all situations – a sort of “perfect arbitral being” – provides a launching pad to discuss ...

Schultz, T., “Legitimacy Pragmatism in International Arbitration: A Framework for Analysis” (May 9, 2018). in J. Kalicki and M.A. Raouf (eds), Evolution and Adaptation: The Future of International Arbitration, ICCA Congress Series No. 20, Wolters Kluwer, 2019.
Abstract: This chapter makes the simple point that if arbitral lawmaking is not legitimate to the actors who can change that lawmaking, it will likely be unstable and change. Obvious as the point may sound, it helps frame legitimacy debates in international arbitration in a way that makes them practically valuable: it ...

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 ...

Pauwelyn , J., “Baseball Arbitration to Resolve International Law Disputes: Hit or Miss?” (April 3, 2018), Florida Tax Review, 22 (2018).
Abstract: States and international tribunals are in a love-hate relationship. States routinely agree to third-party adjudication. But when international tribunals make decisions they often upset the losing party or are blamed for over-reach (“making law”). The existence of compulsory dispute settlement may also have a ...

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 ...

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 ...

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 ...

Bibliography

Reference works

Books

Articles

2018

2017 and before

Documents

Periodicals, serial publications

Bibliographies

New titles

Updated every Friday morning.

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

As we are right in the middle of moving to a new library system, it is not yet possible to automatically collect new titles for this Research Guide.

Librarian's choice

  • Bell, G.F. (ed.), The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons, Cambridge, Cambridge University Press, 2018. [e-book]

    Bell, G.F. (ed.), The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons, Cambridge, Cambridge University Press, 2018

    In the Asia-Pacific, thirty-eight jurisdictions have adopted the UNCITRAL Model Law on International Commercial Arbitration. This book looks at how the text and the principles of the Model Law have been implemented (or not) in key Asian jurisdictions. Most of the jurisdictions covered in this book have declared that they have adopted the Model Law but often with significant modifications. Even when jurisdictions adopt some provisions of the Model Law verbatim, their courts may have interpreted these provisions in a manner inconsistent with their goals and with how they are interpreted internationally. When a jurisdiction has not adopted the Model Law, the chapter compares its legislation to the Model Law to determine whether it is consistent with its principles. Each chapter follows the structure of the Model Law allowing the reader to easily compare the arbitration laws of different jurisdictions on each topic.

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  • Wang, F.F., Online Arbitration, Abingdon, Oxon, New York, NY, Informa Law from Routledge, 2018.

    Wang, F.F., Online Arbitration, Abingdon, Oxon, New York, NY, Informa Law from Routledge, 2018.

    Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes.

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  • González-Bueno, C. (ed.), 40 under 40 International Arbitration, Madrid, Dykinson, 2018. [e-book]

    González-Bueno, C. (ed.), 40 under 40 International Arbitration, Madrid, Dykinson, 2018.

    (...) This book brings together forty authors who are among the most promising rising stars in international arbitration. The topics elected by the authors go to the fundamentals of arbitration, such as due process, independence and impartiality the role of good faith, and human rights. The book also addresses  in a talented and often innovative way novel questions such as the role of psychology in arbitration, cognitive biases, third-party funding or the way in which technology will transform our profession in the years to come. My only wish is to see further editions of this remarkable book, and to see more authors from Africa and Asia amongst its future authors. I have no doubt that Carlos González-Bueno will heed this call. We should all be grateful to him for this remarkable initiative, which will greatly contribute to open the door to the new generation of arbitrators. (Alexis Mourre)

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

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

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

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

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

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

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

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

     

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

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

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

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Database

  • Global Arbitration Review : The database includes access to: news reports on recent disputes; all articles of the journal; an online Q&A resource, called GAR Know-How, which provides practitioners with a reference guide to particular dispute types, i.e., commercial arbitration, construction arbitration, investment treaty arbitration, litigation, and maritime & offshore arbitration: annual regional arbitration reviews: and, four guides, The Guide to Damages in International Arbitration, The Guide to Advocacy, The Guide to Energy Arbitrations, and The Guide to Construction Arbitration (Forthcoming).
  • International Chamber of Commerce, ICC Dispute Resolution Library. (No PPL subscription available)
  • Investment Arbitration Reporter: Document Download Repository. This page offers access to selected source materials on investment arbitration, i.e., awards and documents.
  • Italaw : Comprehensive and free database on investment treaties, international investment law and all publicly-available investment arbitration awards and documents.
  • Kluwer  Arbitration Online : A fully-searchable database of primary and secondary materials in the field of International Arbitration and International Commercial Arbitration, with access to full-text downloads of materialsFully. Searching and browsing is quick and simple, as the database has been organized into the following specific arbitration categories: Bilateral Investment Treaties (BITs), Conventions, Countries, Model Clauses, Legislation, NY Convention Decisions, Organizations and Rules but also e-books, journals and loose-leafs.  Each main category is further grouped into the regions Asia, Europe, Africa, North America, South America and Oceania.
  • Oxford Reports on International Investment Claims : Oxford Reports on International Investment Claims offers headnotes and commentaries by practicioners and scholars. The content of the database, approximately 200 cases for the November 2008 launch, is peer-reviewed by an expert editorial board. It also provides translations of key passages for all non-English judgments. The database includes decisions and awards from London Court of International Arbitration, International Centre for Settlement of Investment Disputes, International Chamber of Commerce, Association of Southeast Asian Nations and Permanent Court of Arbitration.
  • WESTLAW International Arbitration Databases : covers a wide range of international arbitration materials, including those of international and national arbitration organizations and tribunals. For example, International Commercial Arbitration - All (database identifier ICA-ALL) combines many of the WESTLAW materials on international commercial arbitration in one database. Westlaw has also created an Arbitration tab that puts all its arbitration databases on one screen.  You can also see a list of all Westlaw international arbitration databases by searching the WESTLAW Database Directory.
  • Max Planck Encyclopedia of Public International Law, 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