INTERNATIONAL COMMERCIAL ARBITRATION
A.What is International Arbitration?
1.Defining Characteristics of Commercial Arbitration
2.Special Characteristics of International Commercial Arbitration
3.Legal Framework for International Commercial Arbitration
International Arbitration Agreements
B.An Overview of the Advantages and Disadvantages of International
C.An Overview of Leading International Arbitration Institutions and Rules
a.International Chamber of Commerce International Court Of Arbitration
c. London Court of International Arbitration
D.An Introduction to International Treaties and Conventions Concerning International Commercial Arbitration
Geneva Protocol of 1923 and Geneva Convention of 1927
3.The Inter-American Convention on International Commercial Arbitration
5.Iran-United States Claims Tribunal
E.Choice Of Law in International Commercial Arbitration
1.Importance of Choice of Law Issues in International Arbitration
2.Overview Of Law Applicable to the Substance of the Parties Dispute
Overview of Law Applicable to the Arbitration Agreement
4.Overview of Law Applicable to the Arbitration Proceedings
F.U.S. Legislation Concerning International Commercial Arbitration
1.Relevance of National Arbitration Legislation
Introduction to the Federal Arbitration Act and Other Sources
G.Overview of Foreign Arbitration Statutes
1.Less Supportive National Arbitration Legislation
2.Supportive National Arbitration Legislation
H.International Efforts at Harmonization of Arbitration Statutes and Rules
1.UNCITRAL Model Law on International Commercial Arbitration
IBA Supplementary Rules of Evidence
4.ABA/AAA and IBA Code of Arbitrations Ethics
I.Sources of Information About International Arbitration
1.ICCA Yearbook of Commercial Arbitration
2.Mealeys International Arbitration Report
4.Journal du Droit International (Clunet)
Collection of ICC Arbitral Awards
7.W. Craig, W. Park & J. Paulsson, International Chamber Arbitration
Redfern & M. Hunter, International Chamber Arbitration
9. Domke on Commercial Arbitration
10. Van den Berg, The New York Convention of 1958 and G.Gaja, The New York Convention
11. Holtzmann & Neuhaus, Guide to the UNCITRAL Model Law on International Commercial Arbitration
INTERNATIONAL COMMERCIAL ARBITRATION
International arbitration, like domestic arbitration, is a means by which a dispute can be definitively resolved, pursuant to the parties’ voluntary agreement, by a disinterested, non-governmental decision-maker.
Or, in the words of the U.S. Supreme Court, “an agreement to arbitrate before a specified tribunal is, in effect, a specialized kind of forum-selection clause that posits not only the situs of suit but also the procedure to be used in resolving the dispute.” (Scherk). “There are as many other definitions of arbitrations as there are commentators on the subject.” (Redfern & Hunter)
Commercial arbitration has several defining characteristics.
First, arbitration is consensual-the parties must agree to arbitrate their differences. Second, arbitrations are resolved by non-governmental decision-makers-arbitrators do not act as government agents, but are private persons selected by the parties. Third, arbitration produces a definitive and binding award, which is capable of enforcement through national courts.
Another defining characteristic of arbitration is its flexibility, which generally permits parties to agree upon the procedures that will govern the resolution of their dispute. As a consequence, the procedural conduct of arbitrations varies dramatically across industrial sectors, arbitral institutions, and categories of disputes. In particular fields, or individual cases, parties often agree upon procedural rules that are tailor-made for their individual needs.
A side from specialized fields, commercial arbitration often bears significant resemblances to commercial litigation: arbitration will usually involve the submission of written pleadings and legal argument, the presentation of written evidence and (usually) oral testimony, the application of “law” (in the form of judicial precedents and statutes), and the rendition of a binding award. Nevertheless, arbitral procedures are usually less formal than litigation, including on issues such as the amendment of pleadings, the admissibility of evidence, and the mode of presenting legal argument and factual material. Moreover, arbitration generally lacks various characteristics that are common in U.S. litigation, including broad pre-trial discovery, summary judgment procedures, and appellate review.
International commercial arbitration is similar in important respects to domestic arbitration.
As in domestic matters, international arbitration is a consensual means of dispute-resolution, by a non-governmental decision-maker, that produces a legally binding and enforceable ruling. In addition, however, international arbitration has several characteristics that distinguish it from domestic arbitration.
Most importantly, international arbitration is often designed and accepted particularly to assure parties from different jurisdiction that their disputes will be resolved neutrally. Among other things, the parties seek a neutral decision-maker (detached from the governmental institutions and cultural biases of either party) applying internationally neutral procedural rules (rather than a particular national legal regime). In addition, international arbitration is frequently regarded as a means of mitigating the peculiar uncertainties of transnational litigation-which can include protracted jurisdictional disputes and expensive parallel proceedings-by designating a single, exclusive dispute resolution mechanism for the parties’ disagreements. Moreover, international arbitration is often seen .