International Commercial Arbitration Research Guide
Research Strategies
The library has compiled some useful research tips in our Research Strategies for Writing Seminars research guide. It includes information about finding books and articles to help you with your research.
Online Research Guides: International Commercial Arbitration Law
Kluwer Arbitration Online - This is an excellent source! Published by Kluwer Law International in conjunction with the Institute for Transnational Arbitration (ITA), the Permanent Court of Arbitration (PCA) and the International Council for Commercial Arbitration (ICCA). A fully-searchable database of primary and secondary materials and commentary in the field, giving you access to full-text downloads of all materials.
International Commercial Arbitration: Locating the Resources - Revised - by Jean M. Wenger, the Government Documents/Foreign & International Law Librarian at the Cook County Law Library.
A Selective Guide to Online International Arbitration Resources - by Gloria Miccioli, International Librarian for the Jones Day (Washington D.C. office)
International Commercial Arbitration: Resources in Print and Electronic Format - an extensive listing of resources from Lyonette Louis-Jacques, Foreign and International Law Librarian and Lecturer in Law, University of Chicago, D'Angelo Law Library
Electronic Information System for International Law (EISIL) - a free database of international law created by the American Society of International Law. EISIL links to primary documents, such as treaties and other international instruments. Click on the International Dispute Settlement category to find information on mechanisms for resolving international disputes, such as international courts and tribunals, arbitral bodies, commissions, administrative tribunals and other dispute settlement bodies. These bodies are organized according to the area of international law under their jurisdiction.
Searching for Books Overview
Hastings has a new catalog called Encore, which allows you to do a quick one-box search to find books at Hastings and articles available through Hein-Online. The advanced search feature allows more complex title, author and subject searching.
Or you can use the Hastings Classic Catalog to find books on your topic. If you find a book that looks interesting, and you are not on campus, click on the call number to browse titles on the shelf nearby. Of course, if you are on campus, browsing the shelves is a great way to find useful books.
One good way to find books on your topic is to search the catalog by subject. This will help you locate the most relevant books in the Hastings Library on your topic.
For a wider selection of available books, search the sources below to see if other libraries have books you can borrow through inter-library loan.
Books at Hastings
Use the Hastings Classic Catalog or Encore Catalog to find books on your topic. Here are some search terms that you may want to try using in various databases. Following the links takes you to a search for that subject heading in the UC Hastings catalog.
Sample Subject Searches:
Arbitration and award
Arbitration and award, International
Arbitration agreements, Commercial
Conflict of laws -- Arbitration and award -- United States -- Cases
Conflict of laws -- Arbitration and award
Dispute resolution (Law)
International Chamber of Commerce. Court of Arbitration -- Rules and practice
Judicial assistance -- United States -- Cases
Books at Other Libraries
If the book you want is not in the Hastings Library, or you would like to locate other books on your topic, use FirstSearch, a database containing information about books from most of the libraries in the English-speaking world. Select the WorldCat database to find books; click on the ILL icon at the top of the page to request the book you want. It can take a couple weeks to get a book through inter-library loan; be sure to plan ahead so that we can get the resources you need in a timely manner.
You might also find some other useful books searching Google Books.
Finding Articles
Subscription Databases: Lexis-Nexis, Westlaw, HeinOnline , KluwerArbitration.com
The Hastings Law Library subscribes to a number of Internet-accessible resources that may be useful in your research. All of our online resources are listed here. You can access all of them on campus. Most of them also allow remote access. If you are not on campus, and you click on the database, you will be directed to this screen. To use the database off-campus, enter your name as indicated on your Hastings ID and your ID barcode number.
Sometimes law review articles can be one of the best places to find current research on your topic. The sources above can be used to find journal articles. Although there is a lot of overlap on Lexis and Westlaw, you will find some unique articles by searching both databases. Lexis & Westlaw include most of the law review articles written since the mid-1990s. If you have a citation to an law review article that is not on Westlaw or Lexis (and is older than the last year or two), you will probably be able to print a PDF version of the article from HeinOnline.
Working Papers & Unpublished Articles
Legal Scholarship Network:
Search the online Legal Scholarship Network. This is a searchable database of abstracts of working-papers as well as articles accepted for publication.
Non-Law or Law-Related Articles
ProQuest:
The ProQuest Combined Journals database is an excellent online source for full-text political science and social social articles having to do with current terrorism issues.
San Francisco Public Library (SFPL):
SFPL has a very good collection of online full-text scholarly non-law articles, including JSTOR. You can access them by visiting SFPL, which is just one block from Hastings, or you can access these article and journal databases online if you have a SFPL library card.
Google for full-text articles:
Try searching Google Scholar. (You may then need to locate the full-text using lexis or westlaw or one of the library's subscription databases.)
Index Searches
Hastings subscribes to a number of legal periodical indexes that might be useful if your full-text searches about aren’t successful.
· Index to Legal Periodicals & Books online database
· LegalTrac
· Index to Foreign Legal Periodicals
International Commercial Arbitration Bibliography
KluwerArbitration.com is an excellent resource for online full-text access to many of the best international arbitration books. All of the Kluwer online books are included in the Hastings Online Catalog, but you can also view a listing of all of the Kluwer arbitration books here.
The bibliography below lists the best arbitration titles available at the Hastings law library.
Arbitration in China: A Practical Guide (2004)- A comprehensive two-volume guide to arbitration on Mainland China
Arbitration Law (2004)- Two-volume looseleaf is divided into five key parts and looks at arbitration agreements, the different types of arbitrators and how they are appointed, arbitration proceedings, the Award itself, and judicial control. Contains all recent case law arising from the Arbitration Act 1996, and provides a UK and international viewpoint on cases.Considers the impact of the Civil Procedure Rules on UK arbitration practice and procedure and analyses all important international conventions (UNCITRAL Model Law, New York Convention) and EU measures (Council Regulation 44/2001, Lugano and Rome Conventions).
Arbitration Law in China (2001)- A critical and comprehensive review of arbitration law in China. Includes translations of the most important statutory instruments and associated guidelines, including the most recent regulatory developments in this area.
Commercial Arbitration: An International Bibliography (1998)- Part I is a subject-matter bibliography generally following UNCITRAL categorization, but it also includes various sources of arbitration law. Part II is a country-by-country and geographical bibliography which contains bibliographies of publications that appear in English and their native language from over 135 countries.
Commercial Arbitration in the Arab Middle East: Shari'a, Syria, Lebanon and Egypt (2006)- Draws on the four major sources of sharia, with illustrations taken from the four main Sunni schools that have influenced its development. Details different national systems and references local statutes, judicial precedents and commentaries. Contains an up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards.
Comparative International Commercial Arbitration [Kluwer Online](2003). Addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws
Due Process in International Commercial Arbitration (2010)- The first publication to identify a universal procedural code for international commercial arbitration. Guides the reader through a step-by-step analysis of due process in international commercial arbitration. This book is comprehensive without being esoteric.
The Freshfields Guide to Arbitration and ADR : Clauses in International Contracts, 2nd rev. ed (1999)- Shows practitioners how to draft fully-informed, comprehensive contract provisions. Offers clear, uncomplicated contract-drafting advice derived from the authors' wide practical experience.
The Freshfields Guide To Arbitration Clauses In International Contracts (2011)-Offers clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience, model clauses that ensure the effectiveness of dispute resolution provisions, and important reference materials.
A Guide to the ICC Rules of Arbitration [Kluwer Online](2005)- A comprehensive reference work by two of the world's leading experts on ICC arbitration. Takes stock of the evolution in ICC practice over the last seven years, new arbitral and judicial decisions bearing on the interpretation and application of the Rules, and of general developments in international arbitration practice. Features include:article-by-article commentary on the ICC Rules, relevant national court judgments and arbitral awards, extensive bibliographical sources, and up-to-date statistics on ICC arbitration.
A Guide to the UNCITRAL Model Law on International Commercial Arbitration:
Legislative History and Commentary (1989)- Contains a commentary and legislative history for each of the Model Law's thirty-six articles.
Handbook of ICC Arbitration: Commentary, Precedents, Materials (2005)-Offers a comprehensive review of the ICC arbitration procedure from start to finish
ICC Arbitration in Practice (2005)-Provides an article-by-article commentary of the current version of the ICC Rules of Arbitration. Guides the reader through the various stages of ICC arbitration proceedings, from initiation to the final award.
The ICC International Court of Arbitration Bulletin- This semiannual journal includes extracts of selected awards in ICC International Court of Arbitration. The table of contents to the Bulletin is accessible from the Court's website.
International Arbitration And Mediation : A Practical Guide (2010)- Guides practitioners and corporate counsel through all aspects of an arbitration. Covers questions such as: "Do we really need arbitration in our contract,""How much will it cost"?," "How long will it take?," "How will arbitration affect the relationship with the opponent?," and more.
International Chamber of Commerce Arbitration, 3rd ed (2000)-Covers every aspect of ICC arbitration. Provides a detailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement. Provides a critical evaluation of the advantages and disadvantages at every step in the arbitral process, and includes practical facts, figures, pragmatic suggestions and warnings.
International Commercial Arbitration (Last Updated August 2011)-Provides laws, rules, international treaties and agreements—as well as regional conventions—that dictate int’l commercial arbitration procedures. All of the materials contained in this set are translated into English and organized according to jurisdiction for easy access. Covers the arbitral process for 112 jurisdictions and 113 arbitral institutions and associations.
International Commercial Arbitration : A Handbook -2nd ed (1999)- Guides the reader to relevant laws and rules, and provides an overview of the most important legal and practical matters at each step of arbitration.
International Commercial Arbitration and the Arbitrator's Contract (2010)- Examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. Draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.
International Commercial Arbitration and the Courts (2000)- Covers the area where the activities of the courts and arbitral tribunals connect. Provides information on source materials and court decisions on an international plane. From initial jurisdiction to final enforcement, the guide focuses on the two main roles of the courts with respect to arbitration, judicial control and assistance and enforcement of arbitral awards.
International Commercial Arbitration : Commentary and Materials,: 2nd ed [Kluwer Online](2001)-Gary Born's treatise ""International Commercial Arbitration"" provides detailed commentary, case analyses, and practice pointers. With full annotations and footnotes for research assistance, and analyses, identifies, and discusses critical issues. A valuable guide to the actual practice of international commercial arbitration anywhere in the world.
International Commercial Arbitration in New York (2010)- Focuses on the distinctive aspects of international arbitration in New York. An essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York.Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators.
International Commercial Arbitration in the United States: Commentary & Materials(1994)- Gary Born's landmark treatise provides commentary, case analyses, and practice pointers.Contains full annotations and footnotes for invaluable research assistance, excerpts of representative international arbitral awards and national court decisions; and abundant references to leading institutional rules as they are brought to bear on specific fact situations.
International Handbook on Commercial Arbitration -Recommended by Prof. Coombe, this title is not currently available at UC
Hastings. Contains more than 60 National Reports on arbitration law and practice written by
leading arbitration experts from around the world. Each national reporter follows a standard
format, which allows the reader to formulate comparisons between different approaches to
arbitration. Relevant texts and national arbitration acts are annexed to each National Report for
additional reference. The National Reports offer detailed information on the arbitral tribunal, the
arbitration agreement, the arbitral procedure, the arbitral award, and means of recourse and
enforcement of foreign awards. If you want to have a look at this book but can’t get to Boalt,
contact Prof. Coombe for other arrangements.
Law and Practice of International Commercial Arbitration, 4th ed- This text by Alan Redfern, Martin Hunter, Nigel Blackaby, and Constantine Partasides
is highly acclaimed by practitioners all over the world. One of the leading text in its field. A comprehensive review of the legal context within which international commercial
arbitration operates. It aims to clearly explain how arbitration, and in particular international
commercial arbitration, works.
National Arbitration Laws (1997)- Provides the full text of laws from over 50 countries in English and in the original language text (if not an English speaking country). Commentaries on every country are analytical, extensive and practical. Provides background information, model clauses, and bibliographies.
National Arbitration Laws (2010)- Continually updated resource that discusses the arbitration laws of over 50 different countries.
Provisional Measures in International Commercial Arbitration [Kluwer Online](2005)-This concise volume covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures.
Swiss Rules of International Arbitration: Commentary (2005)-This commentary presents the new Swiss Rules of International Arbitration from a double perspective. First, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration. Next, it puts these Rules in an international and comparative perspective by comparing them with the corresponding provisions of the major institutional rules (ICC, LCIA,WIPO, etc.) and with the provisions of the former rules of the two most important Swiss Chambers of Commerce and Industry (Geneva and Zurich). Finally, it highlights the main differences to the UNCITRAL Arbitration Rules on which the new Swiss Rules are based.
The work of UNCITRAL on arbitration and conciliation EDITION: 2nd and expanded ed (2004)- Focuses on the ongoing revision of the Model Law on Arbitration, including reports on what has been achieved so far and detailed discussion of ten topics for revisions to be addressed in the future.
The World Arbitration Reporter(2007) - 8 volumes containing international treaties and national legislation from more than 135 countries as well as annotated rules of procedure of international and national arbitral institutions. Each section is accompanied by insightful introductions, practical commentaries, explanatory notes, references to other source materials, bibliographies, and a special subject index for comparative research.
The World Arbitration Reporter : International Encyclopaedia Of Arbitration Law And Practice (2010)- Detailed Commentary and Analysis on Legislation from More than 100 Countries.The Rules of Procedure of More than 100 International and National Arbitral Institutions, and the Leading International Arbitration Treaties and Agreements.Commentary and Analysis by More than 100 Internationally Renowned Experts.
Yearbook: Commercial Arbitration [Kluwer Online]- Hastings has vol. 14(1989)-vol. 35(2010)
Lexis and Westlaw: International Commercial Arbitation Law Resources
LEXIS
Little is available on Lexis other than the IBA Arbitration and ADR Articles database (arbitration and alternative dispute resolution articles selected by the International Bar Association from its newsletters and publications) & the International Arbitration: Mealey's Litigation Report.
WESTLAW
Westlaw has an incredible collection of international commercial arbitration resources. This is an excellent place to start your research. To find the Westlaw international commercial arbitration databases, you can follow either of these paths:
Westlaw Directory > International/Worldwide Materials > Multi-National Materials > International Practice Areas > Arbitration
-or-
Select the Westlaw International Tab > International Practice Areas > International Commercial Arbitration.
Once you navigate to the International Commercial Arbitration section, you’ll find a great selection of folders to choose from:
Westlaw: International Commercial Arbitration - Awards & Case Law
Westlaw: International Commercial Arbitration - Commentary & Treatises
Westlaw: International Commercial Arbitration - Conventions
Database Name: International Commercial Arbitration - Treaties (ICA-TREATIES)
Westlaw: International Commercial Arbitration - Current Awareness
Westlaw: International Commercial Arbitration - Guides
Westlaw: International Commercial Arbitration - Institutions
AAAICDR / CAMCA / CIETAC / CMAC / CPR / HKIAC / IACAC / IAMA / IBA / ICA / ICC / ICDR / ICSID / IEA / LCIA / NAF / NAFTA / PCA / SCC / SIAC / SMA / UNCITRAL / VIAC / WIPO / WTOGATT
Westlaw: International Commercial Arbitration - Journals & Law Reviews
Content- Selected articles from journals, law reviews, and CLE materials that pertain to international commercial arbitration and all articles from the following publications: American Review of International Arbitration, Dispute Resolution Journal, Emory International Law Review, International Arbitration Law Review, Willamette Mediation Report, and Vindobona Journal of International Commercial Law and Arbitration. Coverage varies by source.
Content - Combination database that includes articles from legal periodicals from European Union countries. Coverage varies by publication.
Westlaw: International Commercial Arbitration - Legislation
Westlaw: International Commercial Arbitration - Model Laws
Westlaw: International Commercial Arbitration - Model Clauses
Westlaw: International Commercial Arbitration - News, Business and Current Awareness
Westlaw: International Commercial Arbitration - Rules
Westlaw: International Commercial Arbitration Materials by Location
Prepared November 1, 2011 by Vincent Moyer, Foreign, Comparative & International Law Librarian
moyerv@uchastings.edu .