International Commercial Arbitration is a method of resolving disputes between parties from different countries without resorting to traditional court litigation. It is widely used in international business due to its neutrality, flexibility, and efficiency.
International Commercial Arbitration and the Arbitrator's Contract
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This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.
The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms.
International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.
Redfern and Hunter on International Arbitration
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Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world.
The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration.
The leading international authority on the law and practice of international arbitration
Written by lawyers highly experienced in conducting international arbitration, both as counsel and as international arbitrators
Includes appendices on the major international rules of arbitration and conventions and model arbitration clauses for international contracts
Pack includes a hardback edition plus access code for the digital edition, to be accessed via the LawReader app
New to this Edition:
Incorporates changes in many of the major arbitration rules and supporting guidelines
Considers amendments in the "soft law" of the leading arbitral institutions and of the International Bar Association
Analyses the impact of the COVID-19 pandemic on the practice of international arbitration
International Commercial Arbitration
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Mr. Born’s authoritative 4,000-page treatise, in three volumes, provides the most comprehensive available commentary on all aspects of the international commercial arbitration process. International Commercial Arbitration has been widely cited by leading national courts and has been critically acclaimed as the leading commentary in the field. This work is updated online annually.
The Third Edition contains 27 chapters, which comprehensively examine the law and practice of international commercial arbitration, authoritatively discussing all leading international conventions, national arbitration statutes and institutional arbitration rules. The treatise focuses on both international instruments (particularly the New York and Inter-American Conventions) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration).
Foucahrd Gaillard Goldman on International Commercial Arbitration
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This exhaustive treatise provides an in-depth analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular.
As well as exploring the application and the influence of the first modem arbitration statutes, enacted in France, the Netherlands and Switzerland in the 1980s, detailed consideration is given to the 1985 UNCITRAL Model Law, to recent arbitration legislation now in force in England, Germany, Belgium and Sweden, and to the new arbitration rules of the AAA, ICC and LCIA.
Comparative International Commercial Arbitration
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International arbitration is the preferred method for the settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice.
This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws.
The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices.
At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration and the national laws of the parties, the place of arbitration, and the place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, the effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, and the interaction between commercial and investment arbitrations.
No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. It also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties and the composition of the tribunal.
The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. It is also an essential guide for those seeking to understand a particular issue in international arbitration
The Principles and Practice of International Commercial Arbitration
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This book not only deals with the broad application of international treaties, guidelines, laws and rules affecting international commercial arbitration, but also includes information about the most recent developments in the field. Readers learn how arbitration works, from the request to arbitrate, the selection of arbitrators, the procedures leading up to the hearing, the witnesses and evidence at the hearing, to the granting of the final award. Along the way, many strategies and tactics come into play, as an arbitration moves toward the goal of resolving the dispute. The reader learns to appreciate the application of different laws and ethical concepts that may vary by jurisdiction, including the ethical obligations of arbitrators and of counsel. Throughout, the principles of international arbitration are supported by the practice, providing a very concrete approach to the resolution of international disputes by arbitration.
Use these resources to understand concepts related to International Commercial Arbitration, and to learn about the various arbitral bodies. First, log into:
A few relevant treaties are linked to below. In addition to the treaty language, you will also want to examine commentary on the relevant treaty.
60 Years of the New York Convention
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ICCA International Handbook on Commercial Arbitration
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International Commercial Arbitration
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Provisional Measures in International Commercial Arbitration
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International Arbitration: Law and Practice
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Research and Practice in International Commercial Arbitration
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International Commercial Arbitration
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Evidence in International Investment Arbitration
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