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

Last Updated: Aug 28, 2017 URL: http://libguides.udmercy.edu/ica Print Guide RSS UpdatesEmail Alerts

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Arbitration Rules

Apart from the arbitration agreement itself, the arbitration rules selected by the parties will govern the arbitration. Arbitral rules tend to have two specific purposes: (1) the promulgation of a specific set of rules to govern the arbitration process; and (2) the administration of the arbitration itself (i.e., naming or challenging an arbitrator). S. I. Strong, Research and Practice in International Commercial Arbitration, §2.38 (2009). Researchers should be cautious, however, as the arbitration agreement may be varied by the parties. Researchers should pay close attention to those rules that state, "unless otherwise agreed in writing by the parties." This could signify an instance where the parties have deviated from the standard arbitration rule. See Margaret Moses. Introduction to International Commercial Arbitration, 6 (2008).

Guides to Arbitral Institutions

  • Guide to the ICC Rules of Arbitration
    This is a comprehensive text found in Kluwer Arbitration, which relates solely to the ICC Arbitral Rules. This book includes a wealth of information related specifically to the ICC, such as the text of the ICC Rules of Arbitration, Standard ICC Arbitration Clauses, and ICC Dispute Board Rules (plus much more).
  • Guide to ICSID Arbitration (2010)
    This is a procedural guide beginning with an introduction to the ICSID and then going through the process of drafting ICSID agreements to enforcement and execution of ICSID awards. Includes an appendix with the ICSID Rules of Procedure for Arbitration Proceedings.
  • A Guide to the NAI (Netherlands Arbitration Institute) Arbitration Rules (2009)
    This guide focuses on the NAI's Rules of Arbitration, and includes text of the Netherlands Arbitration Act along with commentary on the rules of arbitration.
  • The Vienna Rules: A Commentary on International Arbitration in Austria
    This book is available through Kluwer Arbitration, and focuses on the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna, a/k/a The Vienna International Arbitral Centre. This is a very comprehensive text that looks at the Centre itself along with the arbitration process in Vienna. Includes a wealth of appendices related to the ICA practice in Vienna.

Rules from Leading Arbitral Institutions

These are some of the leading arbitral institutions, all of which have promulgated their own rules. Researchers should note that there is no requirement to have the arbitration overseen by an arbitral institution (this would lead to an "ad hoc" arbitration), and also that while institutional arbitrations generally are governed by the institutional rules, there may be exceptions. Strong, supra at §2.39.

Compilations of Arbitration Centers

Check the links below for a more comprehensive collection of arbitral institutions.

Database Research (Arbitral Rules)

The UDM Law Library's collection includes subscriptions to Westlaw and Kluwer Arbitration, with practical tools helpful in conducting research on arbitral rules.

  • Westlaw  
      
    To access ICA materials, look for "International Materials" under the Browse feature of WestlawNext. On the right-hand navigation bar, select "International Arbitration Materials." When you reach that screen, you can choose the appropriate jurisdiction under "Rules," or click on "All International Arbitration Rules" for a more comprehensive list.
  • Kluwer Arbitration  
      
    If link does not work, researchers can find various "rules" under the Home Page, by clicking on the "Rules" link found under the "Categories" box. See the info. button for the current holdings of rules.
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