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 […]

Lome Convention

Introduction to Lome Convention Lomé Convention, trade and aid agreement between the European Union (EU) and 70 African, Caribbean, and Pacific (ACP) countries, first signed in February 1975 in Lomé, Togo. The Lomé Convention provided a framework of cooperation between […]

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 […]

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 […]

Hague Conference on Private International Law

Hague Conference on Private International Law see Hague Conference on Private International Law Conventions With 72 Members (71 States and the European Union) representing all continents, the Hague Conference on Private International Law is a global inter-governmental organisation. A melting […]

Hague Treaty Apostille

Hague Treaty Apostille The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents For an analysis of the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents and the Hague Convention Legalization, see here. Background Issuing and Verifying the Origin of an Apostille Apostilles may … Read more

Treaties

Treaties Table of Content The Basics Introduction Treaties defining Subjects of International Law: International Organizations , European Union and other Subjets of International law Treaty-Making and NGOs Treaty Formation Making the Treaty Treaty Signature Provisional Application of […]

UN Convention against Corruption

UN Convention against Corruption

Title

United Nations Convention Against Corruption

About the Convention

The purposes of the Convention are to promote and strengthen measures to prevent and combat corruption […]

Convention on Contracts for the International Sale of Goods Contracting States

United Nations Convention on Contracts for the International Sale of Goods (CISG) Contracting States At the United Nations Diplomatic Conference which adopted the Convention on Contracts for the International Sale of Goods, “62 states took part: 22 European and other developed Western states, 11 socialist, 11 South-American, 7 African and 11 Asian countries; in other … Read more

Ratification

Spanish Translation of ratification This is the legal translation of English to Spanish in relation to ratification and / or a definition of this topic: Ratificación (in Spanish, without translation of the dictionary entry). Signification of Ratification The adoption or confirmation by […]

CEDAW Committee

Signification of Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Committee The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Committee was established by the Convention on the Elimination of all Forms of Discrimination […]

Convention on the Rights of Persons With Disabilities 2008

Signification of Convention on the Rights of Persons With Disabilities 2008 (CRPD) A multilateral agreement recognising the civil, political, economic, social and cultural rights of persons with diabilities. It was adopted by the General Assembly of the United Nations on 13 December 2006 and […]

History of the International Labour Organization

History of the International Labour Organization (ILO) Origins of the ILO An important part of the scheme for a League of Nations embodied in the Peace Treaty of Versailles in 1919 involved the creation of a new International Labour Organization. The Labour part of the Treaty (Part XIII.) rested on the principle laid down in … Read more

United Nations Convention on Contracts for the International Sale of Goods

United Nations Convention on Contracts for the International Sale of Goods Legal Materials The text of the CISG is published with supporting information by the United Nations Audiovisual Library which includes summary, legal instruments, documents, bibliography, procedural history, status (select “Historic Archives” and then “List of Instruments”). Pace Law School also provides the text of … 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

Arbitration: Basic features of the convention's regime on arbitration agreements

Arbitration: Basic features of the convention’s regime on arbitration agreements Arbitration agreements are presumed valid The drafters of the Convention intended to eliminate the possibility for a party to an arbitration agreement to go back on its commitment to arbitrate and instead submit the dispute to State courts. Accordingly, the Convention sets forth a “pro-enforcement” … Read more

Arbitration: Consequences of the non-application of the New York Convention

Arbitration: Consequences of the non-application of the New York Convention   The non-application or incorrect application of the New York Convention engages in principle the international responsibility of the State. A breach of the State’s obligations under the Convention may in certain circumstances also constitute a breach of a bilateral or multilateral investment treaty.In any … Read more

1958 Convention: Relationship with domestic law and other treaties (Article VII)

1958 Convention: Relationship with domestic law and other Treaties (Article VII)   Article VII(1) of the New York Convention addresses the relationship between the Convention and national laws of the forum and other international Treaties binding upon the State where enforcement is sought in the following terms: “The provisions of the present Convention shall not … Read more

1958 Convention: Reservations

1958 Convention: Reservations   In principle, the Convention applies to all foreign or international arbitration agreements and to all foreign or non-domestic awards. However, Contracting States can make two reservations to the application of the Convention.   Reciprocity (Article I(3) First Sentence) Contracting States may declare that they will apply the Convention only to the … Read more

1958 Convention: Territorial scope of application

1958 Convention: Territorial scope of application   Article I(1) defines the territorial scope of application of the New York Convention with regard to arbitral awards in the following terms: “This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition … Read more

1958 Convention: Material scope of application

1958 Convention: Material scope of application   To determine whether a particular award or agreement falls within the subject matter of the Convention, a court should ascertain whether it qualifies as an arbitration agreement or an arbitral award.   Arbitral award There is no definition of the term “arbitral award” in the Convention.Therefore, it is … Read more

International Family Law

International Family Law Introduction to international family law International Family Law describes all family law matters with an international element. People are residing internationally and experiencing international relationships more frequently. The closest link to determine which national family law rules are applicable to specific family matters is the residence (domicilie) of the parties concerned. Family … Read more

International law and refugee conventions: States parties

International law and refugee conventions: States parties States Parties to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Date of entry into force: 22 April 1954 (Convention); 4 October 1967 (Protocol). Total Number of States Parties to the 1951 Convention: 144 Total Number of States Parties to the 1967 Protocol: … Read more

Multilateral treaties: Organization of American States

Multilateral Treaties : Organization of American States Recommended guidelines for preparing and adopting inter-american legal instruments Scope 1. The sole purpose of the following recommendations is to guide and facilitate the preparation of inter-American legal instruments where a procedure has not already been expressly provided for or the states have not agreed on the corresponding … Read more

International Labour Organization conventions list

All International Labour Organization conventions: the list Official titles of the Conventions adopted by the International Labour Conference No. 1 – Hours of Work (Industry) Convention, 1919 2 – Unemployment Convention, 1919 3 – Maternity Protection Convention, 1919 4 – Night Work (Women) Convention, 1919 (shelved) 5 – Minimum Age (Industry) Convention, 1919 6 – … Read more

Investment Treaty Cases: SCC arbitration rules

Investment Treaty Cases: SCC arbitration rules   See: Investment Treaty Cases: ICSID arbitration rules A-E Investment Treaty Cases: ICSID arbitration rules R-Z Investment Treaty Cases: ICSID arbitration rules F-Q Bilateral Investment Treaties by countries Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration book reviews Investment … Read more

Investment Treaty Cases: ICSID arbitration rules R-Z

Investment Treaty Cases: ICSID arbitration rules R-Z See: Investment Treaty Cases: ICSID arbitration rules A-E Investment Treaty Cases: ICSID arbitration rules F-Q Bilateral Investment Treaties by countries Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration book reviews Investment treaty law and arbitration articles Arbitration resources

Investment Treaty Cases: ICSID arbitration rules F-Q

Investment Treaty Cases: ICSID arbitration rules F-Q See: Investment Treaty Cases: ICSID arbitration rules A-E Investment Treaty Cases: ICSID arbitration rules R-Z Bilateral Investment Treaties by countries Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration book reviews Investment treaty law and arbitration articles Arbitration resources

Investment Treaty Cases: ICSID arbitration rules A-E

Investment Treaty Cases: ICSID arbitration rules A-E See: Investment Treaty Cases: ICSID arbitration rules F-Q Investment Treaty Cases: ICSID arbitration rules R-Z Bilateral Investment Treaties by countries Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration book reviews Investment treaty law and arbitration articles Arbitration resources

Investment Treaty Cases: U.S.as respondent State

Investment Treaty Cases: United States as respondent State See: Bilateral Investment Treaties by countries Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration book reviews Investment treaty law and arbitration articles Arbitration resources

Bilateral Investment Treaties by countries

Bilateral Investment Treaties by countries See: Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration book reviews Investment treaty law and arbitration articles Arbitration resources

Investment treaty law and arbitration articles

Investment treaty law and arbitration articles See: Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration book reviews Investment treaty law and arbitration symposia Arbitral Institutions Arbitration Organizations worldwide Investment treaty law and arbitration reports Articles Diane Alferez Desierto, “Calibrating Human Rights and Investment in Economic … Read more

Investment treaty law and arbitration reports

Investment treaty law and arbitration reports See: Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration articles Investment treaty law and arbitration symposia Arbitral Institutions Arbitration Organizations worldwide Investment treaty law and arbitration books reviews   Reports USCIB, “New ICC Foreign Investment Guidelines Define Investor and … Read more

Investment treaty law and arbitration books reviews

Investment treaty law and arbitration books reviews See: Investment treaty law and arbitration books Investment treaty law and arbitration books chapters Investment treaty law and arbitration articles Investment treaty law and arbitration symposia Arbitral Institutions Arbitration Organizations worldwide Investment treaty law and arbitration reports Book Reviews Tony Cole, “Expropriation of Foreign Direct Investments”(Review of Christopher … Read more

Investment treaty law and arbitration books

Investment treaty law and arbitration books See: Arbitral Institutions – Arbitration Organizations worldwide – Books by year: Andrea Bianchi & Anne Peters, eds., Transparency in International Law (Cambridge University Press, forthcoming 2013). R. Doak Bishop & Silvia M. Marchili, Annulment under the ICSID Convention (Oxford University Press, forthcoming November 2012). Andrea K. Bjorklund & August … Read more