International Commercial Arbitration
- Arbitral Institutions - International
- Arbitral Institutions - Regional
- Internet Domain Name Disputes
- National Arbitration Statutes
- Commercial Sources
- Blogs
- Treatises
I. Introduction
International commercial arbitration is the process of resolving business disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. 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 is usually binding. This chapter will present the major international arbitral institutions and the resources found on their Web sites. It will also review commercial and private databases that provide primary and secondary sources of arbitration information. Any omissions or errors are solely the responsibility of the author.
II. Overview
As the number of international commercial disputes mushrooms, so too does the use of arbitration to resolve them. The non-judicial nature of arbitration makes it both attractive and effective for several reasons. There may be distrust of a foreign legal system on the part of one or more of the parties involved in the dispute. In addition, litigation in a foreign court can be time-consuming, complicated, and expensive. Further, a decision rendered in a foreign court is potentially unenforceable. On the other hand, arbitral awards have a great degree of international recognition. For example, more than 140 countries have agreed to abide by the terms of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (http://www.jus.uio.no/lm/un.arbitration.recognition.and.enforcement.convention.new.york.1958/), known as the New York Convention.
Another reason for choosing arbitration is that the process is administered by a panel of arbitrators who are agreed upon by both parties. These arbitrators may have specialized competence in the relevant field. Arbitral awards are usually final and binding, which avoids a drawn-out appeals process. In addition, the confidentiality of the arbitration process may appeal to those who do not wish the terms of a settlement to be known. This is the biggest obstacle to researching international commercial arbitration: as its popularity grows, so does its interest to outside parties. However, because many awards are not made public, it can be frustrating to search for information.
There are essentially two kinds of arbitration, ad hoc and institutional. An institutional arbitration is one that is entrusted to one of the major arbitration institutions to handle, while an ad hoc one is conducted independently without such an organization and according to the rules specified by the parties and their attorneys. On its face, ad hoc arbitration may seem to be less expensive and more flexible. However, institutional arbitration provides an independent, neutral set of rules that already exist, and it requires that an institution provide services that are critical to ensuring that the arbitration proceeds smoothly. For example, the International Court of Arbitration(ICA) (http://www.iccwbo.org/court/arbitration/id4400/index.html) decides on the number of arbitrators and their fees, appoints the arbitrators, ensures that the arbitration is being conducted according to International Chamber of Commerce Rules, determines the place of arbitration, sets time limits, and reviews arbitral awards. In addition, an arbitral body will ensure controlled costs, since it will have a pre-determined framework of charges.
Many international agreements, treaties, and conventions facilitate the use of arbitration as a method for resolving disputes. Other agreements address the enforcement of awards. There has been a tremendous increase in arbitration options in the last 50 years. Previously, there were a few countries with well-developed arbitration practices and sympathetic national laws. Interference with arbitration by the courts was a well-founded fear in many countries. Conversely, the necessary actions on the part of the national legal system in compelling witnesses and enforcing judgments were not always available.
One reason for the growth of arbitration is that there are now many arbitral bodies, and parties can select one that is best suited to their needs. Some organizations welcome any type of dispute. In contrast, there are organizations that specialize in particular types of disputes, such as those involving investments or that focus on a particular topic, such as intellectual property. Some arbitral bodies specialize in disputes in particular industries. An example is the American Arbitration Association (AAA) ((http://www.adr.org), which has different sets of special rules governing disputes in different subjects. Another factor in selecting an institution is the nature of the party; one institution may be open only to states or member governments, while another may be available to any entity or individual. The fact that awards are issued by a number of institutions can complicate research.
An arbitral body sets forth a set of arbitration rules that governs the potential arbitration. It may also issue a model arbitration clause that can be incorporated into the contract or business agreement when the transaction is made. Arbitration rules and model clauses are often found on the organization's Web site.
III. International Agreements, Conventions, and Treaties
A. United Nations Commission on International Trade Law (UNCITRAL) (http://www.uncitral.org/) [web site is in English, Spanish, French, Arabic, Russian and Chinese]
There are different arbitration treaties and conventions to which a party or nation may adhere.
An important development in the spread of international arbitration was the adoption in 1976 of arbitration rules(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1976Arbitration_rules.html) by the United Nations Commission on International Trade Law. UNCITRAL was established by a resolution of the UN General Assembly in 1966 to promote harmony and unity in international trade. A new version (http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/2010Arbitration_rules.html). was adopted on June 25, 2010. They will apply to any new arbitration agreements, concluded after August 15, 2010, that adopt the UNCITRAL rules. While UNCITRAL does not administer arbitration disputes, its arbitration rules may be used by any public or private entity wishing to arbitrate without the use of an international arbitral institution.
In addition, UNCITRAL in 1985 issued a Model Law on International Commercial Arbitration(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration.html) that has influenced the national arbitration legislation of more than 50 countries.[FN1] Seven states in the U.S. have based their arbitration laws on the model law (California, Connecticut, Florida, Illinois, Louisiana, Oregon and Texas).
Additional UNCITRAL arbitration documents (http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html) are also found on the UNCITRAL Web site.
The UNCITRAL Web site also has a link to selected arbitration case abstracts. This database is called Case Law - CLOUT(http://www.uncitral.org/uncitral/en/case_law.html). CLOUT stands for Case Law on UNCITRAL Texts; it is intended to be a collection and distribution mechanism for information on court decisions and arbitral awards "relating to the Conventions and Model Laws that emanated from the work of the Commission" in order to promote awareness of the texts and to "facilitate uniform interpretation and application". It covers the UNCITRAL Model Law on International Commercial Arbitration, plus other UNCITRAL model laws and conventions. CLOUT has selected abstracts of decisions and awards from the courts of countries that have enacted legislation based on the Model Law. They are published irregularly and the coverage of arbitral awards is sketchy. The full texts are stored with the Secretariat in the original language and are available upon request and for a fee. The cases are indexed by CLOUT case number, Model Arbitration Law article number, keyword, jurisdiction and date. There is a User's Guide on the CLOUT screen that explains what is covered and how to retrieve documents
For more information on UNCITRAL, see the ASIL Guide to Electronic Resources for International Law: United Nations(http://www.asil.org/un1.cfm).
B. Enforcement
Other international agreements relevant to international arbitration concern enforcement of arbitral awards and decisions. There are several mechanisms by which foreign arbitration awards may be enforced. Countries may agree bilaterally to enforce arbitral awards, sometimes through a treaty of friendship, commerce, and navigation or through a bilateral investment treaty (BIT), of which there are now an estimated 2000. Or a multilateral agreement may be implemented. One such is the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html), which limits the grounds upon which arbitral awards may be attacked.[FN2] One hundred and forty-five nations have agreed to abide by its terms. There is also a current list of signatories (http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html). Most arbitration attorneys limit the universe of appropriate arbitration venues to those states that are a party to the New York Convention.
The Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commerical Matters(http://www.hcch.net/index_en.php?act=conventions.text&cid=78) has been ratified by only 5 countries ( Cyprus, Kuwait, Netherlands, Albania and Portugal) although it is dated 1971.
For the European Union member countries, this has been addressed through Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (http://www.ip-firm.de/eugvue_e.pdf) and its amending acts (http://europa.eu/legislation_summaries/index_en.htm; select Justice, Freedom and Security; then Judicial Cooperation in Civil Matters, then scroll down to "jurisdiction and the recognition and enforcement of judgments in civil and commercial matters". Click on the link to "amending acts.")
C. Regional Multilateral Treaties
Inter-American Convention on International Commercial Arbitration (http://www.oas.org/juridico/english/treaties/b-35.html) - promulgated in 1975 and applies to members of the Organization of American States. In English and Spanish.
1961 (Geneva) European Convention on International Commercial Arbitration (http://www.jus.uio.no/lm/europe.international.commercial.arbitration.convention.geneva.1961) - established under the auspices of the Economic Commission for Europe of the United Nations.
European Convention Providing a Uniform Law on Arbitration (1966)
(http://conventions.coe.int/treaty/en/Treaties/Html/056.htm) - applies to the member states of the Council of Europe.
Arab Countries - Convention Arabe D'Amman Sur L'Arbitrage Commercial (1987) (http://www.jus.uio.no/lm/arab.l_arbitrage.commercial.convention.1987/doc.html) In French.
OHADA Treaty on the Harmonization of Business Law in Africa (Port-Louis, Senegal) (http://www.ohada.com/traite.php?categorie=10) - In French. Title IV deals with arbitration.
D. Bilateral Investment Treaties
Bilateral investment treaties between two countries provide for arbitration by the International Centre for Settlement for Investment Disputes (ICSID) (http://www.worldbank.org/icsid), an autonomous organization with close ties to the World Bank. It was established in 1966 under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States(http://icsid.worldbank.org/ICSID/ICSID/RulesMain.jsp) [in English, French and Spanish]. Over 150 nations(http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDDocRH&actionVal=ContractingStates&ReqFrom=Main) have signed the Convention. The ICSID Web site's list of contracting states [in English, French, and Spanish] gives signature date, date of deposit of ratification, and date of entry into force.
Also on the ICSID web site are cases (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=ShowHome&pageName=Cases_Home), that is, reports of conciliation commissions or awards rendered by arbitral tribunals in ICSID proceedings, if consent is given by both parties. If not, excerpts of the legal reasoning are published.
Finally, you can find investment dispute rules on the site (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=ShowHome&pageName=Rules_Home).
The Bilateral Investment Treaties (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDPublicationsRH&actionVal=ViewBilateral&reqFrom=Main) page on the ICSID Web site provides the names of parties to bilateral investment treaties. The list covers treaties collected by ICSID to date. However, since ICSID relies on governments to send treaty information, the list may not be complete. The information can be viewed alphabetically by signatory, by year, or may be further searched by selecting two specific States. What is missing are the actual texts of the treaties, which the researcher usually also needs.
The United Nations Conference on Trade and Development (UNCTAD) (http://www.unctad.org/Templates/StartPage.asp?intItemID=2068) has compiled a list of countries and territories (http://www.unctad.org/Templates/Page.asp?intItemID=2344&lang=1)that have concluded BITs up to June 1, 2011. There are also some interesting statistics on the numbers of BITs per region and country. UNCTAD has done more than just compile a list of treaties, however. It has put the full text of all availabletreaties on its Web site and has made them searchable by country via a link to a search page. (http://www.unctadxi.or____779.aspxg/templates/DocSearch) [It is important to note that a copy of a treaty may not be made available to publishers by the signatories.]
The full text of some BITs may also be found by searching the Internet or commercial sources such as International Legal Materials. In addition, the Web sites of individual countries may include the texts of these treaties. For example, United States bilateral investment treaties are available on the Internet, along with other trade-related agreements, from the US Department of Commerce's Trade Compliance Center (http://tcc.export.gov ). In addition, this web site also has the text of the 2004 US Model BIT ( http://www.state.gov/documents/organization/117601.pdf).
The International Institute for Sustainable Development (IISD) (http://www.iisd.org/) publishes a free electronic news service that is available on the Internet and by e-mail called Investment Treaty News (http://www.iisd.org/investment/itn/). It reports developments in the negotiations of new investment treaties and on arbitrations that have been brought under existing treaties.
For more information about finding treaties, see the ASIL Guide to Electronic Resources for International Law: Treaties Chapter(http://www.asil.org//treaty1.cfm)
IV. Arbitral Institutions - International
A. International Chamber of Commerce (ICC) (http://www.iccwbo.org)
The dispute resolution procedures of the International Chamber of Commerce specifically target international business disputes. ICC arbitrations are confidential and offer the parties the choice of arbitrators, place of arbitration, rules of law, and language of the proceeding. The ICC has several dispute resolution mechanisms. The current ICC Rules of Arbitration (http://www.iccwbo.org/court/arbitration/id4199/index.html) are available in PDF and HTML formats in 13 languages. In force as of january 1, 2012, the 2012 Rules of Arbitration can be found in English, Portuguese, Spanish, French and German. Model or Suggested Clauses (http://www.iccwbo.org/court/arbitration/id4114/index.html) for each of the ICC's dispute resolution procedures can be used in contracts and business agreements. The ICC Model Arbitration Clause is available on the Web site in over 35 languages.
B. International Court of Arbitration (ICA) (http://www.iccwbo.org/court/arbitration/id4400/index.html)[In English, Spanish, French]
The International Court of Arbitration was established in 1923 as the arbitration body of the ICC. It has administered over 17,500 arbitration cases involving parties and arbitrators from about 200 countries and territories. The ICA oversees the arbitration process and regularly reviews the progress of pending cases. One of the Court's most important functions is to scrutinize and approve all arbitral awards. A detailed explanation of the ICA arbitral process is available in English (http://www.iccwbo.org/uploadedFiles/Court/Arbitration/810_Anglais_05.pdf).
The ICA Awards page (http://www.iccwbo.org/court/arbitration/id4096/index.html) lists sources for redacted extracts of ICC arbitral awards. These are available by subscription. The ICC International Court of Arbitration Bulletin, published since 1990, contains previously unpublished extracts from ICC awards with commentaries as well as articles. To find out where an award has been published, you can enter the case number in a search box on the Awards page.
C. Permanent Court of Arbitration (PCA) (http://www.pca-cpa.org)[In English and French] ; International Council for Commercial Arbitration (ICCA) (http://www.arbitration-icca.org)
Located in The Hague, the Permanent Court of Arbitration "administers arbitration, conciliation, and fact finding in disputes involving various combinations of states, private parties, and intergovernmental organizations." It was established in 1899 by the Convention for the Pacific Settlement of International Disputes, (http://library2.lawschool.cornell.edu/pca/1899english.htm). The 1899 Convention was revised at the second Hague Peace Conference in 1907 (http://www1.umn.edu/humanrts/instree/hague1-1910.html). The Permanent Court of Arbitration was formed to handle arbitrations exclusively involving states, but since 1992 it has broadened its mandate to include disputes involving states and private parties, as well as disputes involving international organizations. Over 110 states are parties to one or both of the Conventions. A complete list of Contracting States and Accession Information (http://www.pca-cpa.org/showpage.asp?pag_id=1038) can be found on the Web site.
The site's "Basic Documents" (http://www.pca-cpa.org/showpage.asp?pag_id=1067) page includes links to the conventions, rules, and model clauses, among other items. Its modern rules of procedure are based on the UNCITRAL Arbitration Rules. Different rules may be used depending on the nature of the parties or the nature of the dispute. This reflects the accessibility of the PCA. There are various Optional Rules of Procedure for arbitrating disputes between two states; for disputes between two parties of which only one is a State; for disputes relating to natural resources and the environment; for disputes involving international organizations and states; and for disputes between international organizations and private parties.
Also on the "Basic Documents" page is a link to the PCA's Model Clauses for arbitrating different types of disputes.
There is some free online access to case and award information in the form of selected summaries of Past and Pending Cases (http://www.pca-cpa.org/showpage.asp?pag_id=1029). But the PCA is "gradually making its historic [i.e., very early] arbitral awards and related documents available electronically on the Hague Justice Portal ( http://www.haguejusticeportal.net/ecache/DEF/5/251.htm ). Print and online materials are available for purchase or subscription from Kluwer Law International (http://www.kluwerlaw.com). [See the entry below on Kluwer Arbitration Online.]
International Council for Commercial Arbitration (ICCA) (http://www.arbitration-icca.org/index.html) houses its editorial staff on PCA premises. The ICCA produces some of the arbitral publications that are published by Kluwer Law. The ICCA is devoted to promoting international arbitration and other forms of dispute resolution. It holds conferences and congresses for the presentation of papers and the discussion of topics related to international dispute resolution. It publishes, with the help of the PCA, the "International Handbook on Commercial Arbitration" and the ICCA Congress Series. It also participates in the preparation of the UNCITRAL Arbitration Rules, Model Arbitration Law and other documents. It is governed by a council of members from 32 countries.
D. London Court of International Arbitration (LCIA) (http://www.lcia.org)
Established in 1892, the London Court of International Arbitration is one of the oldest and most wide-ranging of the arbitral institutions. Although based in London, it administers arbitrations worldwide, for all parties, and for disputes arising under all types of commercial transactions. It also acts as the appointing authority and administrator in UNCITRAL Rules cases. While the LCIA maintains a set of arbitrators, parties are free to nominate their own arbitrators.
The LCIA Arbitration Rules can be found by clicking on "Arbitration Rules" on the home page. They are intended for use in the widest range of commercial disputes, both domestic and international and under any system of law and are designed to promote flexibility, efficiency, and cost control. The LCIA also provides recommended arbitration clauses for inclusion in contracts; click on "Recommended Arbitration Clauses" on the home page. The rules are available in 9 languages.
The LCIA Arbitration Court was created in 1985 and is the final authority for the proper application of the LCIA Rules. Its principal functions are the appointment of tribunals, the determination of challenges to arbitrators, and the control of costs. It is made up of up to 35 members, of whom no more than 6 may be of U.K. nationality. Click on LCIA on the home page for links to the rules and recommended clauses. Awards are not published.
E. World Intellectual Property Organization - Arbitration and Mediation Center (WIPO Arbitration and Mediation Center (http://arbiter.wipo.int/center/)
Based in Geneva, the WIPO Arbitration and Mediation Center was established in 1994 to offer alternative dispute resolution options for private parties involved in international commercial disputes. Entertainment, technology, and other types of intellectual property disputes are particularly suitable for WIPO arbitration, but all types of international commercial disputes may be brought before theCenter. The procedures are open to any person or entity, regardless of nationality or domicile. They may be held anywhere in the world, in any language, and under any law chosen by the parties, and they are confidential.
The Center's Web page is textual, extremely easy to use, and has well-placed FAQs with simple but thorough explanations of how theCenter operates and what kinds of disputes are arbitrated. The basic arbitration documents include:
Arbitration Rules (http://arbiter.wipo.int/arbitration/rules/index.html) Available in English, French, German and Spanish.
Expedited Arbitration Rules (http://arbiter.wipo.int/arbitration/expedited-rules/index.html) Available in English, French, German and Spanish.
Recommended WIPO Contract Clauses and Submission Agreements (http://arbiter.wipo.int/arbitration/contract-clauses/clauses.html). [Available online in 10 languages]
The Web site gives an overview (http://arbiter.wipo.int/center/caseload.html) of the WIPO caseload and links to a few summaries(http://arbiter.wipo.int/arbitration/case-example.html) of selected examples, but no parties are named.
F. International Centre for Settlement of Investment Disputes (ICSID) (http://www.worldbank.org/icsid/index.html)
Created in 1966 to facilitate the settlement of investment disputes between member governments and foreign members who are nationals of other member governments, ICSID is an autonomous organization with close ties to the World Bank. It was established under the Convention on the Settlement of International Disputes Between States and Nationals of Other States. (http://icsid.worldbank.org/ICSID/ICSID/RulesMain.jsp). The Convention and other basic documents appear on the Web site in English, Spanish, and French. To date, some, 155 countries (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDDocRH&actionVal=ContractingStates&ReqFrom=Main) have signed the Convention .
All ICSID members are also members of the World Bank, and the expenses of the ICSID Secretariat are funded by the Bank. Dispute costs are borne by the parties involved. Application to the ICSID for arbitration is voluntary, but once the process starts, the parties cannot withdraw. In addition, all member ICSID states are required to recognize and enforce an ICSID arbitral award even if they are not parties to the dispute.
ICSID has issued Rules of Procedure for Arbitration Proceedings (http://icsid.worldbank.org/ICSID/ICSID/RulesMain.jsp). A set ofAdditional Facility Rules (http://icsid.worldbank.org/ICSID/ICSID/AdditionalFacilityRules.jsp) authorizes the ICSID to administer some proceedings outside the scope of the Convention (such as where either party is not a member) and for disputes that are not strictly investment in nature.
Investment contracts between member states and investors from other states often provide for ICSID arbitration through Model Clauses (http://icsid.worldbank.org/ICSID/FrontServlet?actionVal=ModelClauses&requestType=ICSIDDocRH). Other means of advance consent to ICSID arbitration can be found in investment laws and over 2,000 Bilateral Investment Treaties (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDPublicationsRH&actionVal=ViewBilateral&reqFrom=Main) .
Information on arbitral awards and cases is also available. Clicking on ICSID Cases (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=ShowHome&pageName=Cases_Home) leads to pending and concluded cases. Among the information given: case name, case number, subject matter, date of arbitration registration, date of constitution of the tribunal, composition of the tribunal, outcome of the proceeding, and either citations or links to any published decisions made during the process. There are links to online full-text decisions for more recent cases. Online Decisions and Awards (http://icsid.worldbank.org/ICSID/FrontServlet?RequestType=CasesRH&reqFrom=Main&actionVal=OnlineAward) as well as links to publicly available information on the decisions and awards rendered in ICSID cases.
Also available on the Web site is the ICSID Bibliography (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDBibliographyRH&actionVal=ViewArticleAndBooks), which presents over 600 citations on texts related to the Convention, such as where to find translations of the Convention in different languages. It also has an extensive list of books and articles on the ICSID and on investment disputes.
G. World Trade Organization (WTO) (http://www.wto.org) In English, Spanish, and French
With more than 150 members (http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm), the World Trade Organization is a global institution that deals with the rules of trade between nations. Its objective is to help trade flow freely and predictably. To do this, it has formulated agreements that result from negotiations among members. The Uruguay Round negotiations (1986-1994) resulted in about 60 agreements (http://www.wto.org/english/docs_e/legal_e/legal_e.htm). One of the WTO's tasks is to settle trade disputes; it has administered arbitrations since its creation in 1995. The main agreement for settling disputes that resulted from the Uruguay Round is the Dispute Settlement Understanding (http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm), which is the responsibility of the Dispute Settlement Body.
On the WTO Web site is a section called Understanding the WTO: Settling Disputes(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm), which describes clearly and in detail the WTO dispute resolution process and which makes a good starting point for WTO research. According to the explanation, a dispute arises when one country adopts a trade policy or takes an action that one or more fellow WTO members considers in violation of the WTO agreements. A third group of countries can declare that they have an interest in the case. Dispute settlement procedures under the WTO follow a fixed set of timetables that are described here. A case should normally not take more than about a year. If it is appealed, the time may be extended to 15 months. In addition, rulings are automatically adopted unless the country that wants to block the ruling persuades all other WTO members to share its view. If a country continues to break an agreement, then some kind of penalty, such as trade sanctions, can be imposed.
"Understanding the WTO: Settling Disputes is" sub-divided into three sections. The first , "a unique contribution" (http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm) explains the dispute settlement process. The second, "the panel process" (http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp2_e.htm), presents a diagram of the process. Finally, there is a "case study" (http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp3_e.htm), a detailed look at how the timetable worked in an actual dispute.
The Dispute Settlement Gateway screen (http://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm) gives the user different options for finding actual cases and arbitrations and related official documents.
You can browse a list of cases by year and case number, where short descriptions are given (http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm). Click on a case number to go to a screen that has a summary and options for viewing or downloading the related documents.
It is also possible to browse cases and rulings by subject (http://www.wto.org/english/tratop_e/dispu_e/dispu_subjects_index_e.htm). Click on a subject to be taken to a list of cases; click on the case number to get to viewing and downloading options.
If you want to know the kinds of disputes a particular country has been involved in, go to the Disputes rulings by countrypage (http://www.wto.org/english/tratop_e/dispu_e/distabase_wto_members1_e.htm). Not only do you get a breakdown by country, but you also get links to the different documents such as panel reports and appellate body reports that are currently available on the Web site. Not every ruling is accompanied by a full-text document.
For more information on the World Trade Organization, see ASIL Guide to Electronic Resources for International Law - International Economic Law (http://www.asil.org/iel1.cfm).
H. Arbitration Institute of the Stockholm Chamber of Commerce (SCC) (http://www.sccinstitute.com/uk/Home/) [Web site is in four languages]
One of the older arbitral bodies, the Arbitration Institute of the SCC was established in 1917 and was recognized in the 1970's by the US and USSR as a neutral center for the resolution of East-West trade disputes. It has since expanded to arbitrate disputes in over 40 countries. Its Arbitration Rules (http://www.sccinstitute.com/?id=23718 )) are available in 8 languages. It has also issued Model Clauses (http://www.sccinstitute.com/?id=23710) in 8 languages.
I. American Arbitration Association (AAA) (http://www.adr.org); International Centre for Dispute Resolution (ICDR) (http://www.adr.org/International)
The American Arbitration Association is a private, nonprofit organization that was founded in 1926 and that is now one of the world's leading dispute resolution bodies. It has offices in the United States, Mexico and Europe (http://www.adr.org/Offices). Its area of coverage is broad. In 1996, the AAA established the International Centre for Dispute Resolution (ICDR) to handle international cases of arbitration and mediation. It has 62 cooperative agreements with arbitral institutions in 43 countries. Its 7000 arbitrators represent over 40 languages. The AAA Web site has information for each of the focus areas, which may include subject-specific arbitration rules and procedures.
There is also a page for archived rules. (http://www.adr.org/sp.asp?id=28827)
J. Court of Arbitration for Sport (CAS) (http://www.tas-cas.org)[French and English]
Created in 1984 due to the growing importance of sports on the world stage, the Court of Arbitration for Sport seeks to facilitate the arbitration or mediation of sports-related disputes by means of procedural rules that have been specifically adapted to the sports world. Its arbitrators are legal and sports experts. Based in Lausanne, Switzerland, the CAS hears disputes of either a commercial or disciplinary nature. Cases may be referred to the CAS by athletes, sports federations, organizers of sports events, sponsors or television companies. The CAS has developed several types of procedures: 1) ordinary arbitration procedures for disputes resulting from contractual relations or torts; 2) appeals arbitration procedures for disputes resulting from decisions of sports organizations; and 3) a consultation procedure where the CAS is asked to issue an advisory opinion on legal issues related to sports. This opinion is not an award and is not binding. The CAS also establishes non-permanent tribunals for major events like the Olympics, for which it developsspecial rules (http://www.tas-cas.org/adhoc-rules) .
The Code of Arbitration for Sport (http://www.tas-cas.org/statutes) governs the organization and arbitration procedures of the CAS. There are standard clauses (http://www.tas-cas.org/clause-templates) for ordinary and appeals arbitration procedures. Decisions (http://www.tas-cas.org/recent-decision) have recently been added to the web site.
K. National Arbitration Forum (NAF) (http://www.arbforum.com)
Established in 1986, the NAF has a roster of neutral arbitrators made up of legal professionals. It provides services in each of the 50 states as well as the U.S. territories and 35 foreign countries. Its Web site has an Arbitration Code of Procedure (click on the tab labeled Programs and Rules, select Forum Arbitration and then Code of Procedure from the dropdown menu). In English and Spanish.
L. Chamber of Arbitration of Milan [Camera Arbitrale di Milano] (http://www.camera-arbitrale.it/)
A part of the Chamber of Commerce of Milan, Italy, the Chamber of Arbitration of Milan administers proceedings for both national and international arbitrations. It specializes in disputes in the handicraft field. See its Arbitration Rules(http://www.camera-arbitrale.it/consulta.php?sez_id=68&lng+id=14)) and recent arbitral awards (http://www.camera-arbitrale.it/consulta.php?sez_id=17&lng_id=14). The Web site is in English, French and Italian.
M. Inter-American Commercial Arbitration Commission (IACAC) (http://www.sice.oas.org/dispute/comarb/iacac/iacac1e.asp)
The Inter-American Commercial Arbitration Commission administers a system for settlement, by arbitration or conciliation, of international commercial disputes throughout the western hemisphere. To promote its system, the Commission works to obtain the ratification of the member countries of the Inter-American Convention on International Commercial Arbitraton(http://www.oas.org/juridico/English/sigs/b-35.html) and the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (http://www.jus.uio.no/lm/un.arbitration.recognition.and.enforcement.convention.new.york.1958/). The Web site is in 4 languages.
N. Austrialian Centre for International Commercial Arbitration (ACICA) (http://www.acica.org.au)
Established in 1985, ACICA aims to support and facilitate international arbitrations and to promote Sydney and Australia as a venue for international commercial arbitration. The home page links to its arbitration rules and clauses under the "Services" tab..
O. International Institute for Conflict Prevention & Resolutions (CPR) (http://www.cpradr.org)
CPR was founded in 1979 as the Center for Public Resources from a coalition of corporation general counsel to identify and apply alternative solutions to disputes. Today it is a membership-based nonprofit alliance of global corporations, law firms, scholars, and public institutions with a panel of arbitrators that has mediated thousands of cases worldwide. Approximately 4000 operating companies have pledged (http://cpradr.org/About/Membership/CPRsMembers.aspx) to explore alternatives to litigations with other members. For arbitration clauses and rules, click on the tab "Clauses and Rules" on the home page.
V. Arbitral Institutions - Regional
A. Commercial Arbitration and Mediation Center for the Americas (CAMCA) (http://www.adr.org/sp.asp?id=22092)
The Commercial Arbitration and Mediation Center for the Americas provides commercial parties in the Americas with a forum for the resolution of private commercial disputes and is designed to be consistent with the North American Free Trade Agreement (NAFTA). It is the joint creation of the AAA, the British Columbia International Commercial Arbitration Centre, the Mexico City National Chamber ofCommerce, and the Quebec National and International Commercial Arbitration Centre, and it is governed by representatives from each group. Its Arbitration Rules and Model Clause (http://www.adr.org/sp.asp?id=22092) are found on the American Arbitration Association's Web site. The Web site is in English, French, and Spanish.
B. European Court of Arbitration ( http://cour-europe-arbitrage.org/index.php?lang=en ) [English, French, Italian, Spanish, German, Arabic]
Headquartered in Strasbourg with departments throughout Europe, the European Court of Arbitration is a private organization that specializes in swift, affordable arbitrations. It is an open body, with regulations and compromise clauses applicable to anyone. In addition, unlike most arbitral institutions, there is no designated list of arbitrators; parties select their own. You can find links under "Standard Agreements" on the home page to Arbitration Clauses and Rules.
C. Common Court of Justice and Arbitration of the Organization for the Harmonization of Business Law in Africa (OHADA)(http://www.ohada.com)
OHADA is currently made up of 16 African nations. Most of the content on the Web site is in French, but there is some in English, Spanish and Portuguese.
Uniform Act of Arbitration (http://www.ohada.com/textes.php?categorie=658)
OHADA Case Law (http://www.ohada.com/jurisprudence.phph) has a search page that is in French. There are citations to over 2800 cases.
D. Hong Kong International Arbitration Centre (HKIAC) (http://www.hkiac.org) In English and Chinese
The Hong Kong International Arbitration Centre was established in 1985 for purposes of dispute resolution in Asia. It is independent of the Hong Kong government. Its Web site has has links to Arbitration Rules and related links on the home page.(http://www.hkiac.org/show_content.php?sec=1 ).
E. NAFTA Secretartiat - Private Dispute Resolution in the NAFTA Region (http://www.nafta-sec-alena.org/en/view.aspx?x=316 )
This web page has links to model clauses, arbitral institutions, and other information on ADR. There is also a discussion forum. In English, French, and Spanish.
F. OSCE Court of Conciliation and Arbitration (http://www.osce.org/cca/43295)
The Court is part of the Organization for Security and Co-operation in Europe (OSCE) (http://www.osce.org). It was established in 1995 under the Convention on Conciliation and Arbitration (http://www.osce.org/cca/43295; click on links on the right sidebar to find documents relating to the Convention in 6 languages). The Court's Rules of Procedure are also under "Documents", as is a link to a list of the states that are parties to the Convention. The Court is based in Geneva. The Court's mandate is to settle disputes submitted to it by member states. Because the conciliation commissions and arbitral tribunals are created by the Court on an ad hoc basis, the Court is not a permanent body.
G. Arab Association for International Arbitration (http://www.ahdablawfirm.com/aaiarb/default.asp?MenueID=35) Seated in Paris, France, this group was founded in 1991.
It is comprised of Arab jurists from different Arab countires.
H. Singapore International Arbitration Centre (SIAC) (http://www.siac.org.sg/) was established in 1991.
Tabs on the home page lead to rules and modell clauses in Englilsh, Korean, Vietnamese, Chinese and Japanese.
VI. Internet Domain Name Disputes
With the rapid rise of Internet use and the subsequent increase in disputes over domain names, the Internet Corporation for Assigned Names and Numbers (ICANN) (http://www.icann.org/), the organization responsible for the management of the generic top level domains, was in need of a dispute resolution mechanism. In answer to this need, the World Intellectual Property Organization studied the problem and eventually published a report (http://www.wipo.int/amc/en/processes/process1/report/index.html) containing recommendations dealing with domain name issues. Based on the report's recommendations, ICANN adopted the Uniform Domain Name Dispute Resolution Policy (UDRP) (www.icann.org/udrp/udrp-policy-24oct99.htm). The UDRP went into effect on December 1, 1999, for all ICANN-accredited registrars of Internet domain names. Under the UDRP, there are four approved providers of domain name dispute resolution:
A. WIPO is a leading ICANN-accredited domain name dispute resolution provider (http://arbiter.wipo.int/domains/index.html). A number of registrars of country code top-level domains (http://arbiter.wipo.int/domains/cctld/index.html) have designated WIPO as a dispute resolution service provider.
For concise background information on how and why domain name disputes arise, see the FAQ(http://arbiter.wipo.int/center/faq/domains.html) on the WIPO Web site. The WIPO domain name disputes pages have a lot of information, including the full text of decided cases. There is a listing of case numbers by year(http://arbiter.wipo.int/domains/cases/all.html) which links to a page that gives the disputed domain name and case status (pending, terminated, or decided). If the status is "decided", there is a link to the decision. Or you can go directly to a search page(http://arbiter.wipo.int/amc/en/domains/search ).
B. Another provider approved by ICANN is the Asian Domain Name Dispute Resolution Centre (ADNDRC)(http://www.adndrc.org/index.html). [in 3 languages] Disputes handled by the ADNDRC are governed by the Uniform Domain Name Dispute Resolution Policy Rules (UDRP Rules) (http://www.icann.org/dndr/udrp/uniform-rules.htm) as well as the ANDRC Domain Name Dispute Resolution Centre Supplemental Rules (http://www.adndrc.org/hk_supplemental_rules.html), which were adopted by the ADNDRC and took effect as of 28 February, 2002.
C. National Arbitration Forum (NAF) (http://www.arb-forum.com) is the foremost provider of domain name dispute resolution in North America. The Web site's Domain Name Disputes page (http://domains.adrforum.com) provides links to procedures and rules relating to various types of domain name disputes. As of July 1, 2010, New Supplemental Rules went into effect (http://domains.adrforum.com/main.aspx?itemID=631&hideBar=False&navID=237&news=26). There is also a search page(http://www.arb-forum.com/domains/decisions.asp) that allows searching of dispute proceedings and decisions by full text, case number, name, domain type, date, parties, status, and rule.
D. Czech Arbitration Court (http://www.adr.eu) ADR.EU is the Alternative Dispute Resolution service of the Czech Arbitration Court and is supported by the European Commission. It was approved as a domain name dispute resolution center in January 2008. See the home page for links to its rules, supplemental rules, procedures and decisions.
VII. National Arbitration Statutes
An important component to a successful arbitration is a statute receptive to arbitration in the country of the site of the arbitration. A distinction is often made in a nation's laws between domestic arbitrations, in which states tend to maintain a firmer hand through the court systems, and international arbitration, in which actors engaging sophisticated commercial transactions are freer to agree upon their own rules. Another recent trend is the conscious repositioning of countries through adoption of new or amendment of existing arbitration laws that remove impediments to the arbitration process, in an effort to attract more global business. Most statutes since 1980 have also included "trade usage" as a permissible source of arbitration law, again in an effort to attract global business on its own terms.
What follows is an alphabetical listing of national arbitration laws available free on the Internet that the author has been able to locate. [In English, unless otherwise indicated.]
Algeria (http://lexalgeria.free.fr/proviii.htm) In French.
Antigua (http://www.laws.gov.ag/acts/; select "A" under #4, then scroll down and click on "Arbitration Act.")
Argentina (http://www.sice.oas.org/DISPUTE/COMARB/argentina/libro6.asp) In Spanish.
Armenia (http://www.lexadin.nl/wlg/legis/nofr/oeur/arch/arm/arbitration_law.pdf)
Australia (http://www.comlaw.gov.au/Details/C2010C00470) 1974 Act as amended in 2010
Austria (http://portal.wko.at/wk/dok_detail_html.wk?AngID=7308998&StID=346351)
Azerbaijan (http://arbitr.az/eng/viewpage.php?page_id=27)
Bahamas (http://www.bfsb-bahamas.com/res-legislation.php)
Bahrain (http://www.bcdr-aaa.org/en/rules-regulations/legislative-decree-30-establishing-the-bcdr-aaa.html) In English and Arabic
Belgium (http://www.jus.uio.no/lm/belgium.code.judicature.1998/toc.html)
Belize (http://www.belizelaw.org/lawadmin/index2.html) Select Volume III, Title IX, Chapter 125.
Bermuda (http://www.commonlii.org/bm/legis/consol_act/biaaca1992461/)
Bolivia (http://www.sice.oas.org/DISPUTE/COMARB/Bolivia/Larbcom1.asp). In Spanish.
Botswana (http://www.laws.gov.bw/VOLUME%201/CHAPTER%2006-01%20ARBITRATION.pdf)
Brazil (http://www.jus.uio.no/lm/brazil.arbitration.law.no.9.307.1996/)
Brunei (http://www.wipo.int/wipolex/en/details.jsp?id=8530)
Bulgaria ( http://www.bcci.bg/arbitration/lawofarbitr.htm)
Cambodia (http://camcl.org/sub/laws/law_on_commercial_arbitration.pdf)
Canada (http://laws.justice.gc.ca/PDF/Statute/C/C-34.6.pdf) In French and English.
Chile (http://www.camsantiago.com/en/normativa.htm) In English and Spanish.
China (http://www.jus.uio.no/lm/china.arbitration.law.1994/)
Colombia (http://www.sice.oas.org/DISPUTE/COMARB/Colombia/D1818I.asp) In Spanish.
Costa Rica ( http://www.derpublico.net/main.php/view_photo?wa_id=13 ) In Spanish.
Cote d'Ivoire (http://www.lemediateur.ci/inst.htm). In French.
Croatia (http://hgk.biznet.hr/hgk/fileovi/180.pdf)
Cyprus (http://www.neocleous.biz/gr/download/busop_ccica.htm; scroll down to Appendix 1)
Denmark (http://www.retsinfo.dk/_GETDOCI_/ACCN/A19720018130REGL) LBK Nr. 726 of 10/24/1986 and LOV Nr. 553 of 6/24/2005. In Danish.
Dominica (http://www.dominica.gov.dm/laws/chapters/chap4-50.pdf)
Dominican Republic (http://camarasantiago.org/images/Leyes/Ley_489-08-Sobre%20Arbitraje%20Comercial.pdf) In Spanish.
Ecuador (http://www.sice.oas.org/DISPUTE/COMARB/Ecuador/larbymed.asp). In Spanish.
El Salvador (http://www.elsalvadorleyes.com/blog/?tag=derecho-civil) In Spanish.
Egypt (http://www.jus.uio.no/lm/egypt.l_arbitrage.civile.et.commerciale.loi/doc.html) In French.
Fiji (http://www.paclii.org/fj/legis/consol_act/aa137/)
Finland (http://www.finlex.fi/pdf/saadkaan/E9920967.PDF)
France ( http://195.83.177.9/code/liste.phtml?lang=uk&c=39; select Code of Civil Procedure; Arbitration - articles 1442-1507)
Germany (http://www.dis-arb.de/materialien/) Select "Materials" on the left; click on one of six languages under "German Arbitration Law 98"
Georgia (Republic of) (http://www.lexadin.nl/wlg/legis/nofr/oeur/arch/geo/LAWONPRIVATEARBITRATION.pdf)
Gibraltar (http://www.gibraltarlaws.gov.gi/articles/1895-10o.pdf)
Greece (http://www.hai-arbitration.gr/files/nomothesia_n_2735.pdf). In Greek.
Guatemala (http://www.sice.oas.org/DISPUTE/COMARB/Guatemala/arbitra1.asp) In Spanish.
Guyana ( http://www.gina.gov.gy/gina_pub/laws/Laws/cap703.pdf)
Honduras (http://www.alca-ftaa.org/busfac/canal_e.asp#Honduras; select Ley de Conciliacion y Arbitraje) In Spanish.
Hong Kong (http://www.hkiac.org/index.php/en/arbitration-ordinance; click on Arbitration Ordinance)
India (http://indiacode.nic.in/ichome.asp; select "short title"; enter arbitration; scroll down to Aribitration & Conciliation Act, 1996, Act No. 26 of 1996. This replaces earlier arbitration statutes)
Indonesia (http://tinyurl.com/yzkvy7n)
Iran: (http://www.monaghesat.ir/english/Document/internationalcommercial.pdf)
Ireland (http://www.irishstatutebook.ie/2010/en/act/pub/0001/index.html)
Israel (http://www.israelinsurancelaw.com/contract-laws/arbitration-law-1968.html)
Italy (http://studiocelentano.it/codici/cpc/codicedpc004_2.htm; scroll down to "Titolo VIII Dell'Arbitrato Internazionale") In Italian.
Jamaica (http://moj.gov.jm/laws/statutes/The%20Arbitration%20Act.pdf)
Japan (http://www.kantei.go.jp/foreign/policy/sihou/law032004_e.html)
Jersey (http://www.jerseylegalinfo.je/Law/LawsInForce/alphabetical.aspx?Alpha=A&Page=3) Scroll down for links to Arbitration (International Investment Disputes Order 1979 and Arbitration Law 1998.
Jordan (http://midglobe.com/index.php?option=com_content&task=view&id=45&Itemid=70)
Korea: see North Korea and South Korea
Kosovo (http://www.assembly-kosova.org/common/docs/ligjet/2007_02-L75_en.pdf)
Kuwait (http://www.glin.gov/search.action; enter 'Kuwait arbitration' in the search box; then enter 83951 in the search box; (the law is GLIN ID 83951)
Kyrgyz Republic (http://www.libertas-institut.com/de/Mittel-Osteuropa/Code%20of%20Arbitration.pdf)
Laos (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwelao.htm#Arbitration%20law) Do not select link for "Arbitration Law" on the top of the page; scroll down to "Commercial Law" and select "Law on Resolution of Economic Disputes).
Lithuania (http://www3.lrs.lt/c-bin/eng/preps2?Condition1=56461&Condition2=)
Luxembourg (http://www.law.kuleuven.ac.be/ipr/eng/arbitration/documents/NCPC%20Lux%20arbitrages.pdf) In French.
Macao (http://www.imprensa.macau.gov.mo/bo/i/98/47/declei55.asp) (international) In Portuguese.
See also (http://www.imprensa.macau.gov.mo/bo/i/96/24/declei29.asp) (domestic) In Portuguese.
Malaysia (http://eurasialegalnetwork.com/library; click on Arbitration Act of 2005 under Malaysia - New Legislation)
Mali (http://www.justicemali.org/images/codes/07.pdf) In French.
Malta (http://www.mac.com.mt) Select "International Arbitration" on the sidebar; scroll down page to link for "Part V of Arbitration Act"
Mauritania (http://www.glin.gov; enter Mauritania arbitration in search box; select Loi no. 2000-06, GLIN ID 133471; click on link for full text) In French.
Mauritius (http://www.gov.mu/portal/goc/webattorney/file/int-arb2008.pdf)
Mexico (http://www.sice.oas.org/DISPUTE/COMARB/Mexico/codcos.asp) In Spanish.
Moldova (http://www.law-moldova.com/laws/rus/treteiskom_sude_ru.txt) In Russian.
Mongolia (http://www.nvcmongolia.com/nvce/download/Arbitration.pdf)
Nepal (http://www.law.kuleuven.be/ipr/eng/arbitration/legal%20texts/nepalarbitrationact.html)
Netherlands (http://www.jus.uio.no/lm/netherlands.arbitration.act.1986)
New Zealand (http://www.legislation.govt.nz) Select "Browse acts"; then select "A" from drop-down menu "View titles of current acts beginning with"; scroll down to Arbitration Act 1996. Amended by Arbitration Amendment Act of 2007(http://legislation.govt.nz/act/public/2007/0094/latest/096be8ed80105bb1.pdf)
Nicaragua (http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/D0489E6135592D16062570A10058541B?OpenDocument). This site requires free registration. In Spanish.
Nigeria (http://www.nigeria-law.org/ArbitrationAndConciliationAct.htm)
North Korea (http://www.novexcn.com/dprk_extern_econom_arbitra.html)
Norway (http://www.lovdata.no/all/nl-19670608-003.html) In Norwegian.
Pakistan (http://www.vakilno1.com/saarclaw/pakiston/arbitrationlaw/arbitration_law_in_pakistan.htm)
Panama (http://www.legalinfo-panama.com/legislacion/comercial/dl051999.pdf) Amended (http://tinyurl.com/yaqnuwb) in 2006; click on "full text". In Spanish.
Paraguay (http://www.latinlaws.com/country/Paraguay/) Free registration required; once you log in select Paraguay and then Arbitration. In Spanish.
Peru (http://www.latinlaws.com/country/Peru/) Free registration required; once you log in, select Peru, Arbitration, and then "Ley General de Arbitraje". In Spanish.
Philippines (http://www.chanrobles.com/republicactno9285.html)
Portugal (http://arbitragem.pt/legislacao/lavtradingl.pdf)
Russian Federation (http://www.jus.uio.no/lm/russia.international.commercial.aribtration.1993)
Rwanda (http://www.amategeko.net/display_rubrique.php?Information_ID=2078&Parent_ID=30698353&type=public&Langue_ID=Fr) In French.
Saudi Arabia (http://www.wipo.int/wipolex/en/details.jsp?id=8502) In English and Arabic.
Scotland (http://www.legislation.gov.uk/asp/2010/1/contents)
Serbia (http://www.mpravde.gov.rs/images/law_on_arbitration_eng.pdf)
Singapore (http://siac.org.sg/cms/images/stories/documents/rules/SIAC_Rules_2010-revised_030311_3.pdf)
Slovenia (http://www.sloarbitration.org/english/slo-arb-law/intro-sal.html)
South Africa (http://www.arbitrators.co.za/arbsnew/arbact42-65.htm)
South Korea (http://www.kcab.or.kr/jsp/kcab_eng/law/law_01.jsp)
Spain (http://www.voldgiftsforeningen.dk/files/filer/spaniennat.pdf)
Sri Lanka (http://www.commonlii.org/lk/legis/num_act/aa11o1995183)
Suriname (http://www.latinlaws.com/country/Suriname/). Free registration required. Once you log in, select Suriname and then Arbitration.
Sweden ( http://www.chamber.se/?id=23746)
Switzerland (http://www.umbricht.ch/pdf/SwissPIL.pdf; select chapter 12)
See also (http://www.admin.ch/ch/f/rs/291/index.html) In French, German, Rumanian, English and Italian.
Taiwan (http://www.moj.gov.tw) Click on English, then on Laws and Regulations Database, enter arbitration into search box.
Thailand (http://tinyurl.com/ycxwmke)
Trinidad and Tobago (http://www.ttparliament.org/legislations/a2004-08.pdf)
Tunisia (http://tinyurl.com/l3yxcq) In French.
Uganda (http://www.ulii.org/ug/legis/consol_act/aaca2000265/)
Ukraine (http://www.ucci.org.ua/en/legalbase/zua944002.html)
United Arab Emirates (http://www.diac.ae/idias/rules/uae/chapter3/)
United Kingdom (http://www.legislation.gov.uk/ukpga/1996/23/contents)
United States (http://www.law.cornell.edu/uscode/9/usc_sup_01_9.html)
Uruguay (http://www.latinlaws.com/country/Uruguay/) In Spanish. Free registration required. Once you log in, select Uruguay and then Arbitration.
Venezuela (http://www.zur2.com/fcjp/articulos/arbitraje.htm)
See also (http://www.sice.oas.org/DISPUTE/COMARB/Venezuela/Larbcoms.asp) In Spanish.
Vietnam (http://www.novexcn.com/vietnam_arbit_inspect_main.html) Select no. 4, Ordinance on Procedures for Settlement of Economic Disputes
Zambia (http://www.saflii.org/zm/legis/consol_act/aa137/)
Zimbabwe (http://www.justiceforchildrentrust.org.zw/html/Resources/NationalChildProtectionLaws/ARBITRATION_ACT_7_15.pdf)
VIII. Commercial Sources
A. Kluwer Arbitration Online (http://www.kluwerarbitration.com)
Kluwer's Internet database covers both primary and secondary resources. Users can elect to subscribe to some or all the materials. KluwerArbitration.com brings together the documents of many of the institutions described above, such as the ICC/ICCA, the ICSID, the PCA, and the WIPO Arbitration and Mediation Center. Searching is free and results in citations, but one needs a subscription to retrieve the full text of these documents.
The Web site is well-designed and easy to use. There is a basic search box on the home page; an advanced search page(http://www.kluwerarbitration.com/arbitration/Search.aspx) allows searching by organization, type of document (e.g., award, rules, conventions, etc.), author, parties, country, and more.
A tab marked "Browse Categories" on the home page is a drop-down menu of links to bilateral investment treaties, conventions, countries, legislation, NY Convention decisions, organizations, and rules. Tabs marked "Books" and "Journals" link to Kluwer treatises and journals. The tab "Blog" links to a blog (http://kluwerarbitrationblog.com) that offers alerts via email. Users can also subscribe to a free email of the ITA Arbitration Report.
B. Juris Publishing (http://www.jurispub.com/index.php)
This is a publisher of print primary and secondary arbitration material. Its online content is through JurisNet, now a part of LexisNexis. For more information on the latter, see below. Juris has also made thousands of books, individual chapters, journals and journal articles available (for a fee) for individual download.
A major treatise published by Juris is the 5 volume looseleaf The World Arbitration Reporter, which reports on national arbitation law and practice and on the rules and practice of major domestic and international institutions. [Mistellis, Loukas; Laurence Shore; Hans Smit, The World Arbitration Reporter (2d ed.), Juris, 2010.( http://www.worldcat.org/title/world-arbitration-reporter-international-encyclopaedia-of-arbitration-law-and-practice/oclc/606909964&referer=brief_results)
C. Investment Claims ( http://www.investmentclaims.com )
Oxford University Press is behind this database that offers primary materials as well as analysis and commentary on international investment law and arbitration. A subscription is needed to get access to the material, which includes awards and decisions, bilateral investment treaties, institution rules, national arbitration laws as well as to the analysis and commentary found in Oxford University Press mongraphs and journals. The latter can be searched full text. The database also has a directory of arbitrators and legal counsel as well the option to receive updates va email or RSS feed. Contact the publisher for price information.
D. WESTLAW Arbitration Databases
WESTLAW (http://web2.westlaw.com/signon/default.wl?bhcp=1&fn=%5Ftop&newdoor=true&rp=%2Fsignon%2Fdefault%2Ewl&rs=WLW6%2E04&vr=2%2E0) covers a wide range of international arbitration materials, including those of international and national arbitration organizations and tribunals. Dates of coverage and comprehensiveness of the information vary depending on the database, but overall, coverage is good. WESTLAW combines a great deal of this material, which allows for comprehensive searching. 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 (http://directory.westlaw.com/) .
E. LEXIS Arbitration Databases
LEXIS (http://www.lexis.com) also has comprehensive arbitration coverage, including the resources of JurisNet (Juris Publishing) (http://www.jurispub.com/cart.php?m=content&page=12). This appears to require a separate subscription or addition to the standard contract.
You can also identify arbitration files on Lexis by clicking on the International Arbitration link under Area of Law - Topics that appears on the Lexis Legal tab. Many primary and secondary sources are included.
F. WorldTradeLaw.net (http://www.worldtradelaw.net)
This commercial database has two parts. There is no charge to search an index of World Trade Organization reports and arbitrations and to get abbreviated versions of the reports. Also free are articles on trade law and selected amicus submissions in WTO disputes.
Subscribers will get the Dispute Commentary Service, which summarizes and analyzes WTO Panel and Appellate Body reports and WTO arbitrations. There are also links to the full text. In addition, WorldTradeLaw.net offers full text searching, a keyword index, and a table of disputes that is sortable by date, dispute name, panelist, AB member, or subject.
G. Investment Arbitration Reporter (http://www.iareporter.com/)
This is a service that provides electronic news tracking of cross-border arbitrations between foreign investors and their host governments. Browsing is free, as are some articles and arbitral decisions, but most items require a subscription.
H. Additional Resources
Transnational Dispute Management (http://www.transnational-dispute-management.com/welcome.html) aims to function as a newsletter , in-depth review/journal of events, and a primary materials database. Subscribers will have access to these materials.
Juris International (http://www.jurisint.org/) is a collaborative effort to enhance access to international trade law information for the benefit of developing countries. A trilingual collection of international legal agreements, model contracts and information on dispute resolution centers, it was launched by the International Trade Centre UNCTAD/WTO (http://www.intracen.org/), the University of Montreal (http://www.umontreal.ca; Canada) and the University of Nancy (France) (http://www.nancy-universite.fr/). It links to descriptions of 175 arbitration and mediation centres (http://www.jurisint.org/en/ctr/index.html) around the world. Some entries link to the full text of rules and model clauses. In English, Spanish, and French.
The focus of the National Center for Technology and Dispute Resolution (NCTDR) (http://www.odr.info) is online dispute resolution (ODR). Its web site has links to research materials, news of events, and a list, with links, of providers of online dispute resolution. It also has a blog on ODR news.
The International Bar Association (http://www.ibanet.org/Publications/publications_IBA_guides_and_free_materials.aspx ) offers guides on conflict of interest in international commercialal arbitration and rules on the taking of evidence.
A good source for valuable documents in this subject area is the International Dispute Settlement section(http://www.eisil.org/index.php?sid=493164135&t=sub_pages&cat=788) of ASIL's EISIL (Electronic Information System for International Law) (http://www.eisil.org/).
IX. Blogs
For names and links of blogs on arbitration, go to the World Directory of Alternative Dispute Resolution Blogs(http://adrblogs.com/category/arbitration-blogs/).
ArbitralWomen (http://www.arbitralwomen.org/) is a group of professional women from all over the world who are active in arbitration and alternative dispute resolution internationally. The web site is about and by ARBITRALWOMEN but is open to everyone both to search for appropriate and qualified dispute resolution practitioners and to benefit from the ideas and information offered.
The Kluwer Arbitration Online web site offers a blog (http://kluwerarbitrationblog.com) that offers alerts via email.
X. Treatises
Bergsten, Eric E.; Clive M. Schmittoff; Peter Crowley, International Commercial Arbitration, Dobbs Ferry, NY: Oxford University Press, 1974-. (http://www.worldcat.org/title/international-commercial-arbitration/oclc/1125231&referer=brief-results) [looseleaf]
Born, Gary, International Commercial Arbitration, 3rd ed., Frederick, MD: Wolters Kluwer/Aspen, 2009. (http://www.worldcat.org/title/international-commercial-arbitration/oclc/259680466&referer-brief_results)
Association americaine d'arbitrage. Handbook on International Arbitration and ADR, Huntington, NY: Juris, 2010.(http://www.worldcat.org/title/book-on-international-arbitration-and-adr/oclc/717446132&referer=brief_results)
Conseil international pour l'arbitrage commercial, Yearbook: Commercial Arbitration, Deventer, Netherlands: Kluwer. (http://www.worldcat.org/title/yearbook-commercial-arbitration/oclc/421817093&referer=brief_results)
Mistelis, Loukas A.; Laurence Shore; Hans Smit, World Arbitration Reporter: International Encyclopaedia of Arbitration Law and Practice, 2d ed., Huntington, N.Y.: Juris, 2010-. (http://www.worldcat.org/title/world-arbitration-reporter-international-encyclopaedia-of-arbitration-law-and-practice/oclc/606909964&referer=brief_results)
Strong, S.I., Research and Practice in International Commercial Arbitration: Sources and Strategies. New York: Oxford University Press, 2009. (http://www.worldcat.org/title/research-and-practice-in-international-commercial-arbitration-sources-and-strategies/oclc/277068146&referer=brief_results)
This page was last updated December 1, 2011