International business arbitration in the United States

American Arbitration Association
International Council for Commercial Arbitration
International Chamber of Commerce. Court of Arbitration
Permanent Court of Arbitration
Arbitration and award, International
Arbitration and award, International Cases
Arbitration and award Pacific Area
Conflict of laws Arbitration and award
Arbitration, International
Arbitration and award Latin America
Arbitration and award, International Periodicals
Dispute resolution (Law) International aspects

Arbitration, a process used to settle a dispute in a non-judicial setting, is particularly effective for international commercial disputes because litigation in a foreign court can be time-consuming, complicated, and expensive. In addition, a decision that is rendered in a foreign court is potentially unenforceable and may be partial to the party native to the court. Arbitration is a simpler process that is governed according to the rules of a neutral arbitration organization that has often been selected by means of a clause inserted into the international agreement or transnational contract. The arbitration is administered by a panel of arbitrators who are agreed upon by both parties. In addition, the confidentiality of the arbitration process is attractive to those who do not wish the terms of a settlement to be known. The growing popularity of international arbitration is a two-edged sword for the researcher: as the number of disputes that are arbitrated rather than litigated grows, so does their interest to third parties. However, the nature of the arbitration process prevents many awards from being made public. It can be frustrating to search for information on international arbitral awards, but the Internet is making it easier to find them and important related documents. An institution’s website is the best first place to look for information.

Resources:

Books

orn, Gary B. International Commercial Arbitration in the United States: Commentary & Materials, 2d ed. Ardsley, NY: Transnational Publishers; The Hague: Kluwer Law International, 2001. Edmondson,

Larry E. ed. Domke on Commercial Arbitration, 3rd. St. Paul, MN: Thomson/West, 2003-. Also available on Westlaw (DCMLARB) Frommel, Stefan N. and Barry A. K. Rider, eds.

Conflicting Legal Cultures in Commercial Arbitration: Old Issues and New Trends. The Hague; Boston: Kluwer Law International, 1999.

Germain, Claire M. Germain’s Transnational Law Research: A Guide for Attorneys. Ardsley, NY: Transnational Publishers, Inc., 1991-.
“International Commercial Arbitration” at IV-39-IV-64. Includes annotated listings of major print and electronic resources for international commercial arbitration.

Hill, Richard. “Primer on International Arbitration” (July 1995) http://www.batnet.com/oikoumene/arbprim.html

Frick, Joachim G. Arbitration in Complex International Contracts. The Hague; New York: Kluwer Law International (2001)
Gharavi, Hamid G. International Effectiveness of the Annulment of an Arbitral Award. The Hague; New York: Kluwer Law International (2002)

Lynch, Katherine. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration.
The Hague; New York: Kluwer Law International (2003)

International Business Litigation & Arbitration, 2000 / Chair, John Fellas. New York, NY: Practising Law Institute, 2000-.
An annual course handbook. Practitioner-oriented material with some primary materials reproduced.

Lew, Julian D. M., Loukas A. Mistelis and Stefan Kröll. Comparative International Commercial Arbitration. The Hague; New York: Kluwer Law International, 2003.

Lookofsky, Joseph M. Transnational Litigation and Commercial Arbitration: A Comparative Analysis of American European and International Law. Ardsley-on-Hudson, NY: Transnational Juris Publications, 1992.

Lucash, Richard M. Arbitration in International Computer Contracts http://www.lgu.com/publications/international/1.shtml
Provides a brief overview of international arbitration issues. From the law firm of Lucash, Gesmer & Updegrove LLP.

Marks, Merton E. New Trends in Domestic and International Commercial Arbitration and Mediation (2000) http://www.cidra.org/articles/newtrends.htm

Nickerson, Kathryn Helne. International Arbitration. http://www.osec.doc.gov/ogc/occic/arb-98.html
A primer prepared by a senior attorney in the Office of General Counsel, United States Department of Commerce.

Oehmke, Thomas H. International Arbitration, 3d. St. Paul, MN: ThomsonWest, 2003-.

Paulsson, Jan, William W. Park, and W. Laurence Craig. International Chamber of Commerce Arbitration, 3rd ed. Dobbs Ferry, NY: Oceana Publications, 2000.

Redfern, Alan and Martin Hunter. Law & Practice of International Commercial Arbitration. 3rd ed. London: Sweet & Maxwell, 1999.

Rhoades, Rufus V., Daniel M. Kolkey and Richard Chernick. Practitioner’s Handbook on International Arbitration and Mediation. Huntington, NY: Juris Publishing, 2002.

Smit, Hans and Vratislav Pechota, ed. International Commercial Arbitration and the Courts, Revised 3rd Edition. Huntington, NY: Juris Publishing, 2002-. Series: Smit’s Guides to International Arbitration

Benedict on Admiralty 7th ed., rev. New York: Matthew Bender, 1974-.
Volume 9 “Marine Arbitration” contains short commentary, and the texts of treaties, national laws, arbitration rules, conciliation rules, ethics rules, and court forms.

Bergsten, Eric E. ed., (Clive M. Schmitthoff, founding ed.) International Commercial Arbitration. Dobbs Ferry, NY: Oceana Publications, 1980-.
Binder 1 contains multilateral, regional and international conventions and instruments. Binders 2-6 contain national rules and enactments (in alpha order).

Bogard, Lawrence J. and George W. Thompson. Transnational Contracts. Dobbs Ferry, NY: Oceana Publications, 1997-.
This four-volume treatise contains information on ICSID Arbitration, texts of selected arbitration conventions, arbitration laws, rules and regulations.

The International Arbitration Kit: A Compilation of Basic and Frequently Requested Documents. Completely rev. 4th ed. Compiled and edited by Laura Ferris Brown. New York: American Arbitration Association, 1993.
Includes texts of conventions, treaties, U.S. laws pertaining to arbitration, rules and procedures, and inter-association agreements.

Smit’s Guides to International Arbitration, Hans Smit and Vratislav Pechota, eds. Huntington, NY: Juris Publishing
This set contains the following volumes, which are available as a set or volumes can be acquired individually: Arbitration Rules-International Institutions (1 vol.), Arbitration Rules – National Institutions (2 vol.), Roster of International Arbitrators (1 vol.), International Arbitration Treaties (1 vol.), National Arbitration Laws (3 vol.), International Arbitration and the Courts (1 vol.), and Commercial Arbitration: An International Bibliography Revised & Expanded 2nd Edition (1 vol.).

The World Arbitration Reporter, Smit, Hans and Vratislav Pechota, eds. Huntington, NY: Juris Publishing, 1986-.
Vol. 1: International Legal Framework; vol. 2 2B: National Legislation; vol. 3-3A: International Arbitral Institutions and Rules; vol. 4-4A: Rules of National Arbitration Institutions, Volume 5: Court Decisions

B. Journals/Periodicals/Newsletters

1. Search and Identification
Periodical indexes provide the means, through multiple formats, of identifying the important legal literature available in journals, law reviews, and legal newspapers. Many excellent articles on international commercial arbitration are written for law reviews and journals. Law reviews and journals are particularly timely research tools for “hot topics” and recent developments. Use the periodical indexes and services listed below to identify relevant articles.

a. Subscription Services

Thomson Gale (http://www.galegroup.com/tlist/sb5088.html) indexes over 850 law reviews, newspapers, and bar association journals from the United States and other common law jurisdictions in its publication, LegalTrac. LegalTrac is available as a subscription web product including selected full-text articles. The CD-ROM product, LegalTrac, is a stand-alone terminal. The online product, Legal Resources Index is available on Westlaw (LRI) and on LEXIS (LAWREV / LGLIND). The print version is called Current Law Index. Each title included is selected based on criteria provided by the Advisory Committee on the Indexing of Periodical Literature, a special advisory committee of the American Association of Law Libraries. Coverage begins in 1980.

Index to Legal Periodicals & Books (ILP) (http://www.hwwilson.com/Databases/legal.cfm) indexes over 850 legal journals from the United States and other common law jurisdictions. ILP is available on CD-ROM, as a web product, and online in WESTLAW (ILP) and LEXIS (LAWREV / ILP). Electronic coverage began in 1981; print coverage dates back to 1908.

Index to Foreign Legal Periodicals (IFLP) (http://www.law.berkeley.edu/library/iflp/) is a multilingual, multinational index of nearly 520 journals focusing on international law (public and private), comparative law, and the municipal law of countries other than common law jurisdictions. IFLP is available in print, on CD-ROM, as a web product, and on WESTLAW (IFLP).

b. Selected Free Web-based Finding Tools

Ingenta (http://www.ingenta.com/) Search for articles from over 28,000 multidisciplinary journals since Fall 1988. Provides a fax document delivery service for a fee. Indexes many international and American legal periodicals including Arbitration International; Journal of International Arbitration; Arbitration: the Journal of the Chartered Institute of Arbitrators; World Trade and Arbitration Materials.

University Law Review Project
http://www.lawreview.org/
Provides full-text search of law journals available on the web.

2. Specialized Journals

Articles on international commercial arbitration can be found in many law review and journals. The following titles highlight several of the journals dedicated to international arbitration issues. Journal abbreviations are available in brackets [ ].

Arbitration & the Law: AAA General Counsel’s Annual Report. American Arbitration Association. Office of the General Counsel. Office of the General Counsel, American Arbitration Association, 1982
An annual publication covering recent developments in arbitration, including international arbitration.

American Review of International Arbitration [Am Rev Int’l. Arb]
Huntington, NY: Juris Publishing, Inc.
Vol. 1- 1990-
A Publication of the Center for International Arbitration and Litigation Law, Columbia University. Also available on Westlaw (AMRIARB) and Lexis (LAWREV / AMRIA).

Arbitration International [Arb.Int’l.]
The Journal of LCIA Arbitration International. Kluwer Law International.
Vol. 1- 1985-

Arbitration Journal. [Arb.J.]
American Arbitration Association, [1937 1993]
Continued by:
Dispute Resolution Journal [Dis.Res.J.]
The Association, 1993
Also available on Westlaw (DRJ) and Lexis (ADR / DRJNL).

ASA Bulletin [ASA Bull]
The Hague; Norwell, MA: Kluwer Law International
Vol. 20 – 2002-
Quarterly journal containing articles on arbitration matters, arbitral awards, and court.
Continues: Bulletin, Vol. 1-19 (1983-2001).

European Arbitration [Eur.Arb.]
http://www.interarb.com/ea/index.htm
EA is an electronic newsletter providing information on current happenings in the arbitration field. Searchable.

ICC International Court of Arbitration Bulletin. [ICC Int’l. Ct.Arb.Bull.]
ICC International Court of Arbitration.
Vol. 1 – 1990
Extracts of ICC arbitral awards, ICC Commission on International Arbitration Reports, and articles on international arbitration.

Mealey’s International Arbitration Report. [Int’l. Arb.Rep.]
LexisNexis, 1986-
Monthly publication containing commentary and notes about recent cases with selected texts of arbitration awards and judicial decisions. Available on Westlaw (MINTARBR)
and in LEXIS (ADR/MEAIAR).

International Arbitration Law Review [Int’l. Arb.L.Rev.]
Sweet & Maxwell
Vol. 1- 1997-
Also available on Westlaw (INTALR).

Journal of International Arbitration. [J. Int’l. Arb.]
Kluwer Law International.
Vol. 1- 1984-
New developments, case notes, and regional overviews in international arbitration.

Model Arbitration Law Quarterly Reports
London, Simmonds & Hill
Vol. 1-4, 1995-1999
http://www.interarb.com/vl/malqr/
Search the table of contents online.

News & Notes
Institute for Transnational Arbitration (ITA), Center for American and International Law
Plano, TX
1986-.
A quarterly publication of the ITA. The current issue (http://www.cailaw.org/ita/publications.html) is available on the web.

Revue de l’arbitrage [Rev.arb]
French Commission on Arbitration.
Vol. 1- 1955-.
Published quarterly in French with English summaries since 1998.
Articles on national, international and comparative arbitration law, French, foreign and international court decisions or arbitration awards, commentary, bibliographic reports, and reports of colloquia.

Stockholm Arbitration Report
Huntington, NY: Juris Publishing
Vol. 1- 1999-.
Includes articles on topical issues in international arbitration and extracts from arbitral awards and court decisions. Published twice a year on behalf of the Stockholm Chamber of Commerce (SCC) Institute.

Vindobona Journal of International Commercial Law & Arbitration [VJ]
http://www.maa.net/vindobonajournal/default.htm
Published under the auspices of the Moot Alumni Association (MAA). Also available on Westlaw (VINJILCA).

Yearbook of the Arbitration Institute of the Stockholm Chamber of Commerce
Huntington, NY: Juris Publishing.
1994 -1997.
Arbitration articles covering Swedish and international arbitration issues. Continued by
Stockholm Arbitration Report.

Willamette Journal of International Law and Dispute Resolution
Salem, OR: Willamette University, College of Law,
Vol. 5 – 1997-.
Also available on Westlaw (WMTJILDR).

World Arbitration and Mediation Report. Huntington, NY: Juris Publishing, Inc.
Vol. 1- 1990-.
Monthly newsletter. Contains news, judicial decisions, articles, and bibliographic resources on dispute resolution in the US and around the world. Also available on Westlaw (WAMREP).

World Trade and Arbitration Materials. [W.T.A.M.]
Geneva, Switzerland: Werner Pub. Co.,
Vol. 6- 1994-.
Contains the texts of important current documents relating to international trade and arbitration. Includes selected arbitral awards, conventions, court decisions, and rules.

3. Selected Free Web-Based Articles
Many articles and publications are freely available via the web. Using Internet search engines such as Google (http://www.google.com) and AltaVista (http://www.altavista.com) enable researchers to locate additional useful materials. Law firms and associations often publish newsletters and other publications that are available on their web sites. Faculty web pages or academic forums may have full-text articles online.

International Litigation & Arbitration Alert (IL&A Alert)
http://www.bakerinfo.com/BakerNet/Resources/Law+Alerts/InternationalLitigationandArbitrationAlert.htm
A bimonthly publication providing a summary of recent decisions and other points of interest in the area of international litigation and arbitration. A Baker & McKenzie newsletter distributed by the North American Litigation Practice Group.

Drahozal, Christopher R. “Commercial Norms, Commercial Codes, and International Commercial Arbitration” Vol. 33 Vanderbilt Journal of Transnational Law (January 2000).
http://law.vanderbilt.edu/journal/33-01/33-1-3.html

InterArbitration.net
http://www.interarbitration.net/index.asp
An online database including links to articles, news, arbitral institutions, arbitral rules and practice materials. Registration required but use of the site is free. Provided by the international law firm of Mayer, Brown, Rowe and Maw.

King and Spalding, LLP
http://www.kslaw.com/library/articles_search.asp
Select International Arbitration from pull-down menu. A sampling of articles include:
– A Practical Guide for Drafting International Arbitration Clauses
– Enforcement of Foreign Arbitral Awards
– Practical Guidelines for Interviewing, Selecting and Challenging Party- Appointed Arbitrators in International Commercial Arbitrations

Polkinghorne, Michael and James Cockayne. “Then Woe to Him . . . Good Faith Negotiation Prior to the Institution of International Arbitration Proceedings” (2002)
http://www.coudert.com/publications/articles/020924_5_faith_cb.pdf

Associations

The Annual Willem C. Vis International Commercial Arbitration Moot
http://www.cisg.law.pace.edu./vis.html
The Willem C. Vis International Commercial Arbitration Moot is a competition for law students, with eligibility for students from all countries. The Moot involves a dispute arising out of a contract of sale between two countries that are party to the United Nations Convention on Contracts for the International Sale of Goods. The site includes texts of moot court problems and information on the moot.

International Council for Commercial Arbitration (ICCA)
http://www.arbitration-icca.org/
A nongovernmental organization established in 1969 to promote the use of commercial arbitration in international trade disputes. The ICCA publishes the ICCA congress series that focus on different issues in commercial arbitration. The first congress was published in 1983; the eleventh congress was published in 2003. To locate series’ titles, select an online catalog from Section X.A. Online Library Catalogs and search for “ICCA congress” as a series search.

Center for Public Resources (CPR) Institute for Dispute Resolution
http://www.cpradr.org/
Includes section on international alternative dispute resolution, listing of neutrals, procedures and clauses.

The Institute for Transnational Arbitration (ITA)
http://www.cailaw.org/ita/
A division of the Center for American and International Law, the ITA focuses on educating professionals about arbitration as a means of resolving transnational business disputes. The Publications section includes the quarterly issue of ITA’s newsletter News & Notes, and a Scoreboard of Adherence to Transnational Arbitration Treaties in chart form.