International commercial arbitration is a means of resolving disputes arising under international commercial contracts. It is used as an alternative to litigation and is controlled primarily by the terms previously agreed upon by the contracting parties, rather than by national legislation or procedural rules. Most contracts contain a dispute resolution clause specifying that any disputes arising under the contract will be handled through arbitration rather than litigation. The parties can specify the forum, procedural rules, and governing law at the time of the contract.
If the parties have agreed to have an arbitral institution administer the dispute, it is an institutional arbitration. If the parties have set up their own rules for arbitration, it is an ad hoc arbitration. Ad hoc arbitrations are conducted independently by the parties, who are responsible for deciding on the forum, the number of arbitrators, the procedure that will be followed, and all other aspects of administering the arbitration. The types of law that are applied in arbitration include international treaties and national laws, both procedural and substantive, as well as the procedural rules of the relevant arbitral institution.
Previous arbitral awards carry persuasive authority, but are not binding.
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Research Guides. There are many helpful research guides published by university libraries and professional organizations on the topic of international arbitration. The International Council for Commercial Arbitration provides a wealth of information on its website, including a collection of full-text journal articles and extensive lists of links to arbitration treaties and conventions, national arbitration laws, arbitral institutions, and professional organizations.
Although membership is required to access portions of the site, the majority of the information is publicly available.
Books by American Arbitration Association
The following guides provide helpful overviews of the mechanics of and reasons for arbitration, as well as links and citations to relevant primary and secondary sources. Primary Sources of Arbitration Law. International commercial arbitration treaties have been collected in a number of resources. The International Council for Commercial Arbitration provides links to regional and international arbitration treaties. Print resources containing treaty texts and bibliographies include International Arbitration Treaties Loukas Mistelis, et al, eds.
The texts of most multilateral treaties can be found in commercial databases, such as Westlaw and Lexis, or on treaty depositary websites. Individual countries have legislation governing both domestic and international arbitration. The International Council for Commercial Arbitration provides a list of national arbitration laws on its website. A number of print resources include the texts or bibliographies of national arbitration laws, including International Commercial Arbitration Eric Bergsten and Clive M. Schmitthoff, eds. Getting the Deal Through , available in print, by online subscription, or through Bloomberg Law, offers guides to arbitration in nearly fifty different countries, written by local practitioners.
Each chapter includes a brief listing of the national laws relating both to domestic and foreign arbitral proceedings and to recognition and enforcement of awards. Arbitration rules are generally available on the relevant arbitral institution's web site. The rules of some of the key international arbitral institutions are also available through subscription databases such as WestlawNext and Lexis Advance. A number of print resources have also been created to assist researchers with finding and comparing the rules of different arbitral institutions. Kerr, et al, 3rd ed. The comparison is presented in chart format, with the provisions arranged by topic.
International Arbitration Rules: A Comparative Guide Bridget Wheeler, discusses the rules of different arbitral institutions at each stage of the arbitration process. Unlike litigation proceedings, commercial arbitration proceedings are usually confidential.
Raymond G. Bender
Decisions, awards, and other documents relating to arbitration proceedings are generally not published, and there is no centralized database or publication for researching arbitration proceedings. An increasing number of arbitral awards, however, can be found in commercial databases. WestlawNext and Lexis Advance both have arbitration sections containing both domestic and international arbitration awards. H There are six parts to this book, which focus on international arbitrators and institutions; international arbitration proceedings; enforcement of arbitral awards; negotiation and mediation; international mediation; and investment trade arbitration and mediation.
Each part contains several chapters that have been written by individual authors, from a wide variety of backgrounds. Kaplan, associate editor Call Number: K I33 International Commercial Arbitration by Gary B.
Born Call Number: K The second edition of Gary Born's International Commercial Arbitration is an authoritative 4, page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules.
Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. A comprehensive single volume treatise on the subject of international commercial arbitration. Link to online resource; prior edition available in print at the circulation desk. Hinchney and Troy L. Harris Call Number: K A15 I This is a two-volume set, and is currently located in course reserve.
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Prior editions can be found on the second floor of the Law Library. Born Call Number: KF A7 B67 C45 Park, and W.
Laurence Craig Call Number: K C Recent Additions to the Collection Here, we will highlight some of our recent additions, which are no longer featured on the homepage of this research guide. The Complete Guide to the Willem C. C66 Twenty years later teams from 67 countries plus a huge number of coaches and arbitrators gathered in what is now considered one of the largest international arbitration events in the world. The cases dealt with are based on an international sales transaction governed by CISG, including procedural issues of arbitration.
This book is meant for participants of the Vis Moot. It provides the reader with step-by-step practical advice in order to maximise his or her experience. It explains registration and offers tips on finding and organising the team, analysing the case, writing memoranda, presenting the case in the oral pleadings and organising the trips to Vienna or Hong Kong. Any student contemplating taking part in the so-called 'Moot Experience' will find the information needed to make the Vis Moot a real lifetime experience.
M The World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyondthe disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body.
As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. Taking a different approach to social-scientific or traditional legal models, this book argues that suchglobalized actors are the driving force behind the development of WTO law yet not in control of it.
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