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International Commercial Arbitration

Resources and research strategies focused on LAW 6316, the ICA course, and the FIU Law VIS International Commercial Arbitration Moot Team

Introduction

Guide Purpose / Scope

This guide is meant to help you find primary and secondary sources on international commercial arbitration. This is not an exhaustive list, it provides an overview of sources that may be relevant to find general topics or specific sub-topics on international commercial arbitration. These guidelines are also meant to assist in structuring a research strategy that identifies and maps resources relevant to the issues related to your specific research.

International commercial arbitration requires analysis and synthesis of a wide variety of sources, often spread over print or electronic, commercial and open sources, primary and secondary sources, this includes introductory materials, treatises, commercial databases, and websites.


Subject Overviews

Legal Sources

Types of legal authorities used in international commercial arbitration

  • International treaties (both bilateral and multilateral)
    For example:
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards
      ("New York Convention")
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention")
    • Bilateral Investment Treaties (BITs)
  • National laws
    For example:
  • Arbitral rules (international and regional arbitral institutions)
    For example:
    • UNCITRAL Arbitration Rules
    • Commercial Arbitration and Mediation Center for the Americas (CAMCA) Rules
  • Law of the dispute
    For example:
    • The arbitration agreement (often a contract section or clause)
    • Rules and orders of the arbitration tribunal
  • Arbitral awards (no precedential value and are not binding; persuasive authority)
  • Expert commentary (books and articles)

Courtesy of Marci Hoffman, UC Berkeley School of Law, as compiled from S.I. Strong, Research in International Commercial Arbitration: Special Skills, Special Sources, 29 Am. Rev. Int’l Arb. 119 (2009), available at http://www.cisg.law.pace.edu/cisg/moot/Strong.pdf.

Suggested Search Strategy

It is important that you first learn the basis of how the International Arbitral system functions and the actors involved. Once you acquire that broad overview you can narrow your search to a more specific focus. As always, secondary sources should be consulted early in the process. A suggested progression is set out below.

Research Order:   Purpose:
Background Sources These include Treatises, Journal articles, and even current awareness sources such as news and blogs. Browse an overview of the subject to familiarize yourself with the topic. Examine research guides for greater coverage and important resources. Commentaries on the law identify the rules and issues involved, as well as primary sources. Print treatises are vital at this stage, especially for their analysis. Browse the core titles listed in this Guide and 'on reserve' first.
Primary Sources Include Treaties, Conventions, Bilateral agreements, Rules, national legislation, and case law if controlling. To provide controlling authority and basis for any argument or position in your papers. Many of these sources are freely available online.
Electronic Databases Provide additional material and up to date information on court decisions, awards, and arbitral rules and organizations.
Organization web sites Among them:
  • icsid.worldbank.org,
  • uncitral.org, and
  • newyorkconvention.org.
 For statistical and other data, unless thoroughly covered previously.
Internet Resources For material not found elsewhere.
Return to prior steps
as necessary

Recommended Research Guide

This guide is adapted from UC Berkeley School of Law librarian Marci Hoffman's

International Commercial Arbitration guide.

Ms. Hoffman's guide contains material not included here and is highly recommended.

VIS ICA Moot links

• VIS Moot home page at Pace Law School

• About the Moot: General Information, FAQs, and Rules, beginning in September.

• Download this year's problem on the first Friday in October.