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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

National Arbitration Statutes/Legislation Print Page
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A Note About National Arbitration Statutes

When ICA researchers consider national laws, they are typically referring to a nation's laws with respect to arbitration. S. I. Strong, Research and Practice in International Commercial Arbitration, §3.11 (2009). Although a growing number of nations have based their national laws on the United Nations Commission on International Trade Law's Model Law on International Commercial Arbitration, the UNCITRAL Model Law is not itself binding. Id. at §5.15. Researchers should take caution with this type of research, since some jurisdictions do not include all relevant provisions in one place. Id. at §3.11. Strong maintains that it is absolutely critical for researchers to have experienced local counsel when conducting research beyond the basic laws of a foreign jurisdiction. Id. This section will contain links to guides with compilations of national laws, with the caution that this may serve to provide a basic understanding of the laws of a foreign jurisdiction.

Online Compilations of National Arbitration Statutes

  • UNCITRAL Model Law
    The UNCITRAL Model Law was designed to "to assist States in reforming and modernizing their laws on arbitral procedure so as to take into account the particular features and needs of international commercial arbitration." This official website has links to both the original 1985 text as well as the 2006 amendments.
  • ASIL's Electronic Resource Guide: National Statutes  
      
    Gloria Miccioli's comprehensive list and compilation of national arbitration statutes is freely available through the internet. This guide is regularly updated and was most recently updated on August 14, 2013.
  • Lex Mercatoria's National Arbitration Laws
    This is a smaller listing of national arbitration laws, but this site provides some helpful information in identifying the various national arbitration laws.
  • International Council for Commercial Arbitration

Researching National Arbitration Statutes with Westlaw

Researchers can now utilize WestlawNext to search certain national arbitration statutes, including the following jursidictions: European Union, Hong Kong, Singapore, Spain, and the United Kingdom. To access these 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 or conduct a search in "All International Arbitration Legislation." 

Researching National Arbitration Statutes with Kluwer International

Researchers may also choose to conduct research on National Arbitration Statutes through Kluwer International. Kluwer's database of legislation is organized by jurisdiction, and is nicely organized to allow researchers to quickly pinpoint the targeted legislation. Researchers should note that some of the legislation remains in the native language.

Reference Librarian

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Legal Information Institutes

Here are some links to compilations of legal materials through various Legal Information Institutes. These links may be helpful for finding national laws or case law specific to a particular jurisdiction. 

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