Kluwer Arbitration: Includes nearly 200 books and treatises on investment and commercial arbitration, including yearbooks, ICCA Reports, and jurisdiction specific guides. Titles include Redfern and Hunter on International Arbitration and Born's International Commercial Arbitration.
Oxford Academic has ebooks on law, including on International Commercial Arbitration. Their titles including Redfern and Hunter on International Arbitration, commentaries on rules, guides to rules in different arbitral bodies, handbooks and practice guides for various jurisdictions, and specialized arbitration journals.
Westlaw's treatises on international arbitration include Redfern and Hunter on Law and Practice of International Commercial Arbitration, Comparative Law of International Arbitration, Handbook of ICC Arbitration, International Arbitration: A Guide to the Complete Swiss Case Law, Introduction to Arbitration: Swiss and International Perspective, and Understanding Transnational Commercial Arbitration.
Lexis has the treatise International Commercial Arbitration Practice: 21st Century Perspectives, with chapters on practice in individual countries and regions, and on specific arbitration institutions.
UNCITRAL prepares an annual bibliography of new works related to UNCITRAL, including on international commercial arbitration, the international sale of goods, and invest-state dispute settlement. Filter by the tags, which include individual arbitral bodies and countries.
Redfern and Hunter on International Arbitration (7th ed.) by
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.
International Commercial Arbitration by
Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
World Arbitration Reporter by
Looseleaf treatise on international commercial arbitration and national arbitration laws. v. 1-1A. National reports, formerly: International legal framework -- v. 2. National arbitration institutions, formerly: National legislation -- v. 3. International arbitration institutions, formerly: International arbitration institutions and rules -- v. 4. Treaties and bilateral and regional agreements, formerly: National arbitral institutions and rules.
Legal Reasoning Across Commercial Disputes by
This work provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings. The analysis is built from three major research sources which ensures that the analysis can bridge evidence of perception, behaviours, and outcomes amongst judges and arbitrators. A statistical survey provides a benchmark and point of comparison with the subjective statements arising from an extensive programme of interviews and questionnaires to provide an objective lens on the reasoning process that informs decisions and awards inpractice.The outcome, presented in Legal Reasoning across Commercial Disputes, is an evidence-based model of the determining factors in legal reasoning by identifying and quantifying approximately seventy-five objective markers for which data can be compared across the arbitral-judicial,domestic-international, and common law-civil law divides.The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also assists judges and arbitrators in carrying out their duties by improving counsel's understanding about how to best to craft and present legal arguments and submissions. The study also addresses longstanding theoretical concerns about the legitimacy of national and international commercial arbitration by replacing assumptions and anecdotes with objective data.The final part of the book draws together the various strands of analysis and concludes with a number of forward-looking proposals about how a deeper understanding of legal and judicial reasoning can be established to improve the quality of decisions and outcomes for all parties.
The Rise of Investor-State Arbitration by
Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readersthrough the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.
Arbitration in the Digital Age by
Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel.
Online Arbitration in Theory and in Practice: A Comparative Study of Cross-Border Commercial Transactions in Common Law and Civil Law Countries by 
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China's Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book's practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Damages in International Arbitration under Complex Long-Term Contracts by
Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs. Specialist evidence is relied on to complete composite calculations, taking into account such evasive factors as the destruction of market value, uncertainty of future revenues, projected interest rate changes, and lost dividends. This book provides in-depth analysis of the legal, financial, and economic issues involved in the preparation of claims and arbitral awards for damages and loss of income, for the breach of complex long-term contracts in international arbitration. The authors address matters such as the but-for method and the reconstruction of the hypothetical course of events as well as the quantification of damages.It provides a detailed coverage of issues arising when structuring, arbitrating, or making an award on damages, making it a valuable reference for practitioners in the field. It includes a number of leading cases (including commercial and investment arbitrations), focusing on the damages analysisfor breach of contract.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by
Vol. 11 of Nijhoff International Investment Law Series. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
EU Law and International Investment Arbitration by
The EU's participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States' BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
"Soft Law" in International Commercial Arbitration by
"Soft law" is a current buzzword and considered a panacea for all kinds of issues that arise in international commercial arbitration. Very little research has, however, been done on the dogmatic underpinnings of the concept and its actual legal relevance. This course follows the development of the so-called "soft law" from its origins in public international law to commercial arbitration, where it is used today as a label for various instruments and phenomena, covering both procedural aspects and the applicable substantive law: model laws, arbitration rules, guidelines, the UNIDROIT Principles, the lex mercatoria, and others. It presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of "soft law" instruments and their potential normativity.
Settling Business Disputes by
This second edition handbook focuses on available methods of arbitration and mediation for commercial dispute resolution and deals with different types of disputes encountered in international trade and describes methods for preventing and or resolving them. Dispute resolution is an important part of risk management in international trade. Reduced barriers are exposing small and medium-sized enterprises (SMEs) to new markets and international competition, as well as to new partners, countries, cultures and trade usages. The book covers the fundamental principles and practicalities of international commercial arbitration and mediation. It provides some tools and useful information for business operators new to international trade as well as more experienced business people and lawyers.
Kluwer Arbitration: Journals on international arbitration, including the Journal of International Arbitration, ICSID Review, and Arbitration: The International Journal of Arbitration, Mediation, and Dispute
Westlaw International Arbitration Journals, including the International Arbitration Law Review
Hein Online Kluwer Law International Journal Library: Most recent 4 years are indexing only. Includes some journals on arbitration, including World Trade and Arbitration Materials, Journal of International Arbitration, and Asian International Arbitration Journal
Transnational Dispute Management (TDM): Journal on the management of international disputes, including investment and commercial arbitration
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