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).
- International Commercial Arbitration, Gary B. Born
This well-known and well-respected treatise is available in print and online. UDM Law students may access this treatise on-campus or off-campus with their name and Titan Connect number.
- Redfern and Hunter on International Arbitration
An English perspective on the field of International Commercial Arbitration. Also available in print format.
- A Guide to the ICC Rules of Arbitration, Derains and Schwartz
- Fouchard Gaillard Goldman on International Commercial Arbitration
- Comparative International Commercial Arbitration, Lew, Mistelis & Kroll
- Guide to ICSID Arbitration, Reed, Paulsson, and Blackaby
- More Titles from Kluwer Arbitration
Links to alphabetical list of treatises, books, etc. Available online through the Library's Kluwer Arbitration website.
- Foreign Investment Disputes
By R. Doak Bishop, et al.
- Arbitration in Germany: The Model Law in Practice
By Karl-Heinz Bockstiegel.
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."
- Domke on Commercial Arbitration
This source covers both domestic and international commercial arbitration, and includes references to statutes, case law, and arbitration rules. Researchers can also find forms, checklists, and illustrations/examples.
- International Construction Arbitration Handbook
Co-authored by UDM's very own, Professor Harris, this is a well-organized and comprehensive guide to international construction arbitration. It is also available in print format. Also available in print.
- Arbitration in China: A Practical Guide
This is a two-volume set published in 2004. It offers information regarding arbitration in China, and includes texts of rules and conventions, forms, and tables.
- Arbitration in Hong Kong: A Practical Guide
Like the above resource, this 2003 set includes two volumes, and offers similar materials, but is particular to Hong Kong.
- Commercial Arbitration
Resource includes information on domestic and international commercial arbitration, with forms, checklists, rules, customs, and procedures.
- Intro. to Arbitration: Swiss and International Perspective
This is volume 10 of the Swiss Commercial Law Series, and it includes a discussion of International Arbitration in Switzerland, and developments in international arbitral institutions, such as the AAA, CIETAC, etc.
- Understanding Transnational Commercial Arbitration
Provides a multi-authored view, focusing on the practical side of matters in ICA.
The UDM Law Library also has other helpful materials apart from our treatises. Check these out!
Confidentiality in International Commercial Arbitration
Call Number: K 2400 .S648 2011
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.
Comparison of International Arbitration Rules
Call Number: K 2400 . C667 2008
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").
Handbook on International Arbitration and ADR
Call Number: K 2400 .H3633 2010
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.
Highlighting some of the major ICA works contained within our collection. Major treatises are highlighted in "ICA--The Basics."
International Commercial Arbitration
Call Number: K2400 .B676 2014
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.
Redfern and Hunter on International Arbitration
Call Number: K2400 .R43 2009
Publication Date: 2009
A comprehensive single volume treatise on the subject of international commercial arbitration. This treatise is also available online through Kluwer Arbitration.
International Construction Arbitration Handbook
Call Number: K2400.A15 I575
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.
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.
Conflict of Laws in International Arbitration
Call Number: K 2400 .A6 C664 2011
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 of International Business Disputes
Call Number: K2400 .P368 2012
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.
Consent in International Arbitration
Call Number: K2400 .S74 2012
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.
This form allows our patrons to suggest that materials be added to our collection. Unless it is a source you have previously evaluated, you may wish to first utilize the Inter Library Loan (ILL) method.