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International Commercial Arbitration   Tags: adr, alternative dispute resolution, arbitration, international  

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Treatises Available Through Kluwer Arbitration

The UDM Law Library offers a number of important ICA treatises in an online format. Many more treatises are available online through the Library's Kluwer Arbitration database (see link at the end of this list for comprehensive index of online books).

Treatises Available Through Westlaw

Westlaw also offers a variety of treatises and secondary sources in the field of international commercial arbitration. Researchers can begin their research in one of these databases by searching for the title of the publication or by browsing the International Arbitration materials in Westlaw. To browse all resources, select "International Materials" from the Browse feature in Westlaw. From the right hand side of the screen, select "International Arbitration Materials." Once in the International Arbitration Materials, you can view featured titles or all titles under "Treatises." 


More Books

The UDM Law Library also has other helpful materials apart from our treatises. Check these out!

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The International Arbitration Kit: A Compilation of Basic and Frequently Requested Documents - Laura Ferris Brown
Call Number: K2400 .I58 1993
ISBN: 0943001528
Publication Date: 1993
A topical compilation of resources, covering treaties and conventions, US and foreign arbitral laws, UNCITRAL Model Laws, etc.

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Confidentiality in International Commercial Arbitration - Ileana M. Smeureanu
Call Number: K 2400 .S648 2011
ISBN: 9789041132260
Publication Date: 2011
A work dedicated solely to confidentiality in ICA. This work covers basics from distinguishing confidentiality to privacy and the legal basis of confidentiality. The book also includes a chapter on the persons subject to confidentiality agreements and breach of confidentiality agreements and the possible consequences.

Principles of Transnational Civil Procedure - American Law Institute
Available online through HeinOnline, this source contains multiple drafts of the Principles of Transnational Civil Procedure.

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The Creeping Codification of the New Lex Mercatoria - Klaus Peter Berger
Call Number: K1005 .B474 2010
ISBN: 9041131795
Publication Date: 2010

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International Conflict of Laws for the Third Millenium - Patrick J. Borchers and Joachim Zeckoll
Call Number: K7041 .I567 2001
ISBN: 1571051287
Publication Date: 2001

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Arbitration Law in America: A Critical Assessment - Edward Brunet, et al.
Call Number: KF9085 .A73 2006
ISBN: 0521839823
Publication Date: 2006

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Lawyering in the International Market - Dennis Campbell and Bryan Birkeland
Call Number: K1030 .L39 1999
ISBN: 157105104X
Publication Date: 1999

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Comparison of International Arbitration Rules - Simpson Thacher & Bartlett LLP
Call Number: K 2400 . C667 2008
ISBN: 9781933833194
Publication Date: 2008
This book is comprised primarily of a chart, which compares provisions of the primary sets of arbitration rules. The authors note the resource as a helpful tool for selection of arbitration rules and the drafting of arbitration provisions as well as for the development of arguments on procedural issues. In addition to the chart, this book contains the text to rules of several main institutions, including the ICC, AAA/ICDR, LCIA, SCC, ICSID, UNCITRAL, and the Center for Public Resources ("CPR").

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Handbook on International Arbitration and ADR - American Arbitration Association
Call Number: K 2400 .H3633 2010
ISBN: 9781933833484
Publication Date: 2010
There are six parts to this book, which focus on international arbitrators and institutions; international arbitration proceedings; enforcement of arbitral awards; negotiation and mediation; international mediation; and investment trade arbitration and mediation. Each part contains several chapters that have been written by individual authors, from a wide variety of backgrounds.


Primers and Treatises in Print

Highlighting some of the major ICA works contained within our collection. Major treatises are highlighted in "ICA--The Basics."

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International Commercial Arbitration - Gary B. Born
Call Number: K2400 .B676 2014
ISBN: 9041152199
Publication Date: 2014 (Course Reserve)
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work.

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Redfern and Hunter on International Arbitration - Nigel Blackaby, Constantine Partasides; with Alan Redfern, Martin Hunter
Call Number: K2400 .R43 2009
ISBN: 0199557187
Publication Date: 2009
A comprehensive single volume treatise on the subject of international commercial arbitration. This treatise is also available online through Kluwer Arbitration.

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International Construction Arbitration Handbook - John W. Hinchney and Troy L. Harris
Call Number: K2400.A15 I575
ISBN: 9780314801807
Publication Date: 2014
This is a two-volume set, and is currently located in course reserve. Prior editions can be found on the second floor of the Law Library. Second volume consists solely of appendices, and includes major treaties and conventions, arbitration laws, arbitration rules, arbitration guides/protocols, and sample provisions.

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International Commercial Arbitration in the United States: Commentary & Materials - Gary B. Born
Call Number: KF9085.A7 B67 1994
ISBN: 9065448551
Publication Date: 1994
This is the first edition of Born's treatise on ICA in the United States.

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General principles of law : as applied by international courts and tribunals - Bin Cheng
Call Number: JX3225 .C45 1987
ISBN: 0949009067
Publication Date: 1987

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International Chamber of Commerce arbitration - Jan Paulsson, William W. Park, and W. Laurence Craig
Call Number: K2400 .C725 2000
ISBN: 9284212510
Publication Date: 2000


Recent Additions to the Collection

Here, we will highlight some of our recent additions, which are no longer featured on the homepage of this research guide. Many of the recent additions offer great content and are relevant to current issues in the field.

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Conflict of Laws in International Arbitration - Franco Ferrari and Stefan Kroll (eds.)
Call Number: K 2400 .A6 C664 2011
ISBN: 9783866531703
Publication Date: 2011
Offers thirteen individually authored chapters in three main areas, including Conflict of Laws questions concerning the arbitration agreement and the jurisdiction of the tribunal, Conflict of Laws questions concerning law applicable to the merits, and Conflicts of Laws questions concerning the arbitration procedure.

Arbitration Law of Canada: Practice and Procedure - J. Brian Casey
Call Number: KE8618 .C37 2011
ISBN: 1933833963
Publication Date: 2011

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Arbitration of International Business Disputes - William W. Park
Call Number: K2400 .P368 2012
ISBN: 0199657130
Publication Date: 2012
Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

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Commentary on the UNCITRAL Arbitration Rrules 2010: A Practitioner's Guide - Sophie Nappert
Call Number: 2012
ISBN: 1933833858
Publication Date: K2400 .N37 2012

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Consent in International Arbitration - Andrea M. Steingruber
Call Number: K2400 .S74 2012
ISBN: 0199698155
Publication Date: 2012
Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favored-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

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ICDR Awards and Commentaries - Grant Hanessian, editor ; Jacob M. Kaplan, associate editor
Call Number: K2400 .I33 2012
ISBN: 1933833874
Publication Date: 2012


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