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International Commercial Arbitration

Updated Dec. 22, 2014.
Prepared by Lori Fossum (2010) and updated by Grace Feldman (2013) for LAW E 538 International Civil Litigation in U.S. Courts and the UW Law VIS International Commercial Arbitration Team.


Handbooks & Treatises

All of these books are located in the Classified Stacks.

S. I. Strong, Research and Practice in International Commercial Arbitration: Sources and Strategies. K2400 .S873 2009
Publisher’s description

Margaret Moses, The Principles and Practice of International Commercial Arbitration. K2400 .M65 2012
Publisher’s description

Nigel Blackaby, et al. Redfern and Hunter on International Arbitration, 5th ed. K2400 .R43 2009
Publisher’s description

Gary B. Born, International Commercial Arbitration. K2400 .B673 2009
Publisher’s description


Research Guides

American Society of International Law, International Commercial Arbitration

Electronic Information System for International Law, International Commercial Arbitration (Dispute Settlement)
Developed, with the support of the Andrew W. Mellon Foundation, by the American Society of International Law (ASIL), a scholarly association that has been a leader in the analysis, dissemination and development of international law since 1906.

Cornell Law Library, International Commercial Arbitration Guide

Georgetown Law Library, International Commercial Arbitration Research Guide

GlobaLex, International Commercial Arbitration


Awards

For sources of awards and decisions, see

  • Redfern and Hunter's Table of Arbitration Awards
  • Publication of International Arbitration Awards and Decisions, 25 Am. Rev. Int'l Arb. 1-18 (2014), which includes table organized by arbitral organization and providing descriptions of awards available on the Internet, Lexis, Kluwer's Arbitration database service, and Westlaw

Ybk Comm Arb = Yearbook: Commercial Arbitration, 1976-date, annual.
K2400.A53 I57 at Classified Stacks
Publisher’s description and preview

ILM = International Legal Materials, 1962-date, bimonthly
KZ64 .I58 at Reference Area (last two years); Classified Stacks (earlier vols.) & WestlawNext: ILM, 1962-date

IIC = International Review of Intellectual Property and Competition Law, 1970-date, eight per year.
Issued by the Max Planck Institute for Intellectual Property, Competition and Tax Law.
Shelved by title at Compact Stacks & WestlawNext: International Review of Intellectual Property and Competition Law, 1993-date

For unfamiliar abbreviations to other sources, consult: Mary Prince, Prince's Bieber Dictionary of Legal Abbreviations, 6th ed. KF246 .B46 at 2009 Reference Area
Publisher’s description

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Clauses

International Chamber of Commerce: ICC Standard Clauses

American Arbitration Association-International Centre for Dispute Resolution: AAA-ICDR Guide to Drafting International Dispute Resolution Clauses

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Rules

International Chamber of Commerce (ICC): International Court of Arbitration

American Arbitration Association (AAA): International Dispute Resolution Procedures

International Centre for Settlement of Investment Disputes (ICSID): ICSID Rules

United Nations Commission on International Trade Law (UNCITRAL): UNCITRAL Rules

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Databases

Kluwer Arbitration Database

Contains the major international agreements, rules, and institutional information available in current international arbitration. Also includes national laws, national rules, case law of awards, and even some submissions or interim orders under various arbitral regimes.

Transnational Dispute Management (TDM)

Focuses on recent developments in the area of arbitration and dispute management, with a journal, newsletter, legal and regulatory materials, bibliography, and a newsgroup discussion group on oil/gas/energy investment disputes.

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Arbitrators

Martindale-Hubbell: International Dispute Resolution Directory

ICC: How Can I Become an ICC Arbitrator?

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Costs

International Chamber of Commerce

Summary of ICC costs:

  • Costs borne by the parties to present their cases: 82%

(Including, as the case may be, lawyers’ fees and expenses, expenses related to witness and expert evidence, and other costs incurred by the parties for the arbitration other than those set forth below)

  • Arbitrators’ fees and expenses: 16%
  • Administrative expenses of ICC: 2%

ICC Arbitration Commission Report on Techniques for Controlling Time and Costs in Arbitration

American Arbitration Association Costs and Compensation of Arbitrators and Administrative Fees

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Laws

Arbitration laws of the seat of the arbitration (the lex arbitri). Most countries have adopted the UNCITRAL Model Law on International Commercial Arbitration. Check its status.

International Commercial Arbitration. K2400.I5 S35 at Classified Stacks
Publisher’s description

International Commercial Arbitration: Pacific Rim. KVC500 .I582 2008 at Reference Area
Publisher’s description

LexMercatoria: International Commercial Arbitration, National Arbitration Laws
About twenty nations' arbitration laws in English

ASIL: International Commercial Arbitration, National Arbitration Statutes
Dozens of countries are represented beginning on page 20 of the guide. Laws are in English, French, Spanish, and/or other languages

Other substantive laws: the national law that will be used to interpret the contract, to determine the merits of the dispute, and to decide any substantive issues.

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Treaty

United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. Also known as the New York Convention. Signatories and status

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International Arbitration Practice

The International Bar Association website provides several useful free publications:

The American Bar Association and the American Arbitration Association jointly issued a Code of Ethics for Arbitrators in Commercial Disputes.

The American Bar Association and the American Arbitration Association jointly issued a Code of Ethics for Arbitrators in Commercial Disputes.

Many UNCITRAL publications are available, including 1996 Notes on Organizing Arbitral Proceedings.

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