International Commercial Arbitration

See also International business arbitration in this international legal encyclopedia.

International Commercial Arbitration Resources
Treaties and Conventions on Arbitration

See also Treaties in this legal […]

International Arbitration

International arbitration is the settlement by a mutually acceptable third party of disputes between sovereign states. Modern international arbitration began with the conclusion of Jay's Treaty (1794) by Great Britain and the United States. Numerous disputes were arbitrated during the 19th […]

Arbitration

Arbitration, reference of a dispute to an impartial person or persons, called arbitrators, for a decision or award based on evidence and arguments presented by the disputants. The parties involved usually agree to resort to arbitration in lieu of court proceedings to resolve an existing […]

Private International Law

Branches of Private International Law

Intellectual Property International commercial arbitration International Commercial Law International Contracts International Family Law International Law of Procedure See also: Hague Conference on Private […]

International Centre for Settlement of Investment Disputes

International Centre For Settlement Of Investment Disputes Summary of International Centre For Settlement Of Investment Disputes

An international agency affiliated with the World Bank and serving as a forum for the resolution of international investment disputes. The center was established […]

Court of Conciliation and Arbitration

Court of Conciliation and Arbitration Note: The Commonwealth Court of Conciliation and Arbitration was an Australian court that existed from 1904 to 1956. Court of Conciliation and Arbitration within the OSCE The main mechanism offered by the Convention is conciliation, which aims at proposing terms of settlement to the States Parties to a dispute. This … Read more

Arbitration on Under-pricing of Timber

New us Request For Arbitration on Under-pricing of Timber: Case no 111790 in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): I. Relevant Provisions Of The SLA A. The United States Negotiated For A System Of Export […]

1958 Convention: Interpretation

1958 Convention: Interpretation

    The New York Convention is an international treaty. As such, it is part of public international law. Consequently, the courts called upon to apply the Convention must interpret it in accordance with the […]

Arbitral Tribunal

An international arbitrator may be the chief of a friendly power, or he may be a private individual. When he is an emperor, a king, or a president of a republic, it is not expected that he will act personally; he may appoint a delegate or delegates to act on his behalf, and avail himself of […]

Award in Arbitration on Provincial Subsidies

Award in Arbitration on Provincial Subsidies: Case no 81010 in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On January 20, 2011 a tribunal of the LCIA ("Tribunal") issued an award in favor of the […]

Softwood Lumber Agreement

Arbitration and Related Actions Arising From the Softwood Lumber Agreement in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): The United States has availed itself of the dispute resolution provisions under the 2006 […]

Arbitration Adjudication

Resistance to Arbitration (Adjudication and Enforcement) This section provides an overview of resistance to arbitration (adjudication and enforcement) within the legal context of Resistance to Arbitration in international economic law, with coverage of Adjudication and Enforcement (Principles).

Arbitration Rules

Arbitration Rules Rules from International Institutions International Arbitration institutions have led the way in rulemaking for international commercial arbitration through institutional rules and commentary. The following are the institutions most often named in international agreements: Cairo Regional Centre for International Commercial Arbitration (CRCICA) China International Economic and Trade Arbitration Commission (CIETAC) Dubai International Arbitration Centre … Read more

Construction Arbitration

Construction Arbitration and ADR On-Site Dispute Management Services Ideally, the use of the techniques and processes described below for handling disputes on-site is established in the early stages of a project. Assisted Negotiations Typically, parties may engage in direct party-to-party settlement efforts involving only those who are involved in the dispute. However, where difficulties arise, … Read more

Resistance to Arbitration

Resistance to Arbitration (Adjudication and Enforcement) This section provides an overview of resistance to arbitration (adjudication and enforcement) within the legal context of Resistance to Arbitration in international economic law, with coverage of Adjudication and Enforcement […]

Rules on Transparency in Treaty-based Investor-state Arbitration

Rules on Transparency in Treaty-based Investor-state Arbitration in 2013 United States views on international law [1] in relation to Rules on Transparency in Treaty-based Investor-state Arbitration: As mentioned in Mr. Arbogast's statement above, UNCITRAL finished negotiations on a set […]

Under-pricing of Timber

New us Request For Arbitration on Under-pricing of Timber: Case no 111790 in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On January 18, 2011, the United States requested arbitration at the LCIA, regarding the […]

Amicus Curiae in International Investment Arbitration

Amicus Curiae in International Investment Arbitration Note: this entry is a continuation of the entry about the Participation of Amici Curiae in NAFTA Chapter Eleven Cases. By Andrea K. Bjorklund (March 22, 2002) What Value Can The Proposed Amici Add The question of the movant’s interest must inevitably be bound up with the substantive knowledge … Read more

Amici Curiae in NAFTA Cases

Public attention to cases brought under NAFTA Chapter Eleven has grown commensurately with the increased numbers of those cases. While media coverage has increased, most of that attention stems from particular interest groups. Many of these groups are not satisfied with newspaper reports or government-supplied information available on the internet, but wish to participate more directly in the cases as amici curiae. These petitioners have brought to the fore the question of whether amici should be permitted to participate in NAFTA Chapter Eleven cases. Answering this question in the affirmative raises various corollary questions, including what rules or procedures should govern amicus participation and what effect, if any, amicus participation should have on confidentiality in arbitration.

Dispute Settlement Bodies

Dispute Settlement Bodies They include the following bodies: Court of Arbitration for Sport Court of Conciliation and Arbitration ICC International Court of Arbitration International Centre for Settlement of Investment Disputes International Court of Environmental Arbitration and Conciliation NAFTA Dispute Settlement Panels Permanent Court of Arbitration WIPO Arbitration and Mediation Center WTO Dispute Settlement Body and … Read more

Hague Cases

Hague Cases History The pious fund of the Californias The first case decided by the Hague court was concerned with the “Pious Fund of the Californias.” A fund bearing this name was formed in the 18th century for the purpose of converting to the Catholic faith the native Indians of Upper and Lower California, both … Read more

Hague Tribunal

Hague Tribunal History The establishment of a permanent tribunal at the Hague, pursuant to the Peace convention of 1899, marks a momentous epoch in the history of international arbitration. This tribunal realized an idea put forward by Jeremy Bentham towards the close of the 18th century, advocated by James Mill in the middle of the … Read more

Arbitral Procedure

Arbitral Procedure History: International Arbitral Procedure Not the least of the benefits of the Hague convention of 1899 (strengthened by that of 1907) is that it contains rules of procedure which furnish a guide for all arbitrations whether conducted before the Hague court or not. These may be summarized as follows:—The initial step is the … Read more

Investment Treaty Arbitration

Investment Treaty Arbitration History By Susan D. Franck Since at least 1794, arbitration has been used as a mechanism for fostering foreign investment and providing a neutral forum to resolve international disputes. Although there have been bumps and bruises as international arbitration has evolved into an independent discipline with impartial and expert decision makers, arbitration … Read more

International Arbitration, Historical

International Arbitration International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, who, after affording to each party an opportunity of being heard, pronounce judgment on the matters at issue. It is understood, unless otherwise expressed, that the judgment shall be in accordance with the law by … Read more

Alabama Arbitration

“Alabama” Arbitration Introduction According to Collier’s New Encyclopedia, the Alabama claims were a “series of claims made in 1871 by the United States against the English Government for damages done to shipping during the Civil War, after a formal discussion between the two governments in 1865, and fruitless conventions for their settlement in 1868 and … Read more

Bering Sea Arbitration

Bering Sea Arbitration Definition The important fishery dispute between Great Britain and the United States, which was closed by this arbitration, arose in the following circumstances. Background In the year 1867 the United States government had purchased from Russia all her territorial rights in Alaska and the adjacent islands. The boundary between the two powers, … Read more

SquareTrade

SquareTrade The Company Founded in 1999 and with over 60 full-time employees in the 2000s, SquareTrade is based in San Francisco, Califorina (United States).The company provided online dispute resolution (ODR) services for e-commerce businesses to solve complex online disputes. He was the leader in this sector. SquareTrade Online Dispute Resolution Service The SquareTrade Seal and … Read more

New York Convention On The Recognition And Enforcement Of Foreign Arbitral Awards

Enforcement Of Foreign Arbitral Awards. An international convention that emerged on June 10, 1958, at the conclusion of the United Nations Conference on International Commercial Arbitration. The convention establishes principles and procedures for the arbitration of international commercial disputes…

Outline of International Arbitration

Outline of International Arbitration See Outline of International litigation Subject-matter The history of international arbitration is dealt with in the article Peace, where treaties of general arbitration are discussed, both those which embrace all future differences thereafter to arise between the contracting parties, and also those more limited conventions which aim at the settlement of … Read more

Arbitration: Examples of Refusal of Recognition and Enforcement

Arbitration: Examples of Refusal of Recognition and Enforcement   Examples of refusal of recognition and enforcement under Article V(2)(b) are: – The Court of Appeal of Bavaria refused recognition and enforcement of a Russian award on the ground of public policy because the award had been made after the parties had reached a settlement, which … Read more

Arbitration: Examples of Recognition and Enforcement

Arbitration: Examples of Recognition and Enforcement   In a German case before the Court of Appeal of Celle, the seller sought to enforce an award of the International commercial arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (ICAC). 49 The buyer contended that permitting enforcement would violate public policy either … Read more

Arbitration: Grounds for refusal to be raised by the court ex officio (Article V(2))

Arbitration: Grounds for refusal to be raised by the court ex officio (Article V(2))   Article V(2) of the Convention provides: “Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that: (a) The subject matter of the difference is … Read more

Outside or beyond the scope of the arbitration agreement (Article V(1)(c))

Outside or beyond the scope of the arbitration agreement (Article V(1)(c))   “The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to … Read more

Arbitration: Right to a Fair Hearing

Arbitration: Right to a Fair Hearing     Article V(1)(b) requires that parties be afforded a fair hearing that meets the minimal requirements of fairness. The applicable minimum standards of fairness were described by the United States Court of Appeals for the Seventh Circuit as including “adequate notice, a hearing on the evidence, and an … Read more

Invalidity of Arbitration Agreement

Invalidity of Arbitration Agreement     Article V(1)(a) also provides a ground for refusal where the arbitration agreement “referred to in article II” is “not valid under the law to which the parties have subjected it, or failing any indication thereon, under the of the country where the award was made” . This ground for … Read more

Arbitration: Incapacity of Party

Arbitration : Incapacity of Party   The types of issues arising under this ground include the “incapacity” defences, such as mental incompetence, physical incapacity, lack of authority to act in the name of a corporate entity or a contracting party being too young to sign (minority). In addition, the term “incapacity” in the context of … Read more

Arbitration: Limited discretionary power to enforce in the presence of grounds for refusal

Arbitration: Limited discretionary power to enforce in the presence of grounds for refusal     Courts generally refuse enforcement when they find that there is a ground for refusal under the New York Convention. Some courts, however, hold that they have the power to grant enforcement even where the existence of a ground for refusal … Read more

Arbitration: Grounds for refusal (Article V) in general

Arbitration: Grounds for refusal (Article V) in general This phase is characterized by the following general principles: – no review on the merits; – burden on respondent of proving the exhaustive grounds; – exhaustive grounds for refusal of recognition and enforcement; – narrow interpretation of the grounds for refusal; – limited discretionary power to grant … Read more

Original Arbitration agreement or certified copy (Article IV(1)(b))

Original Arbitration agreement or certified copy (Article IV(1)(b)) This provision merely requires that the party seeking enforcement supply a document that is prima facie a valid arbitration agreement. At this stage the court need not consider whether the agreement is “in writing” as provided by Article II(2) or is valid under the applicable law.1 The … Read more

Arbitration: Requirements to be fulfilled by petitioner (Art. IV)

Arbitration: Requirements to be fulfilled by petitioner (Art. IV) At this phase of the proceedings, the petitioner has the burden of proof and has the duty to submit documents as listed in the New York Convention (Article IV). The petitioner only has to submit prima facie evidence. Phase I is controlled by a pro-enforcement bias … Read more

1958 Convention: Road map to article II

1958 Convention: Road map to article II When seised of challenges to the validity of an arbitration agreement for the purposes of Article II of the Convention, the court should ask itself the following questions: 1. Does the arbitration agreement fall under the scope of the Convention? 2. Is the arbitration agreement evidenced in writing? … Read more

1958 Convention: Generally accepted principles

1958 Convention: Generally accepted principles The Convention has not explicitly endorsed the “competencecompetence” principle, the limited review of arbitration agreements by courts at a pre-arbitration stage or the severability principle. Nevertheless, its object and purpose are better fulfilled if those principles are actually followed.   Arbitrators have jurisdiction to determine their own jurisdiction The “competence-competence” … Read more