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This is the "Case Law" page of the "International Commercial Arbitration" guide.
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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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A Note About ICA Case Law

In the field of ICA, case law consists of judicial opinions issued by national courts. Researchers should note the binding authority of the opinion (which could have an effect on jurists of a nation as well as the arbitrators in some scenarios). Regardless, case law may serve as persuasive authority to both jurists and arbitrators, particularly if it addresses a precise issue before that particular tribunal. S. I. Strong, Research and Practice in International Commercial Arbitration, §5.23 (2009). According to Strong, arbitrators that hail from a common law jurisdiction may actually find submissions supported with case law to be more persuasive than those relying more on statutes, rules, and scholarly commentary. Id. at §2.52. In addition, researchers should also note the particular forum since case law from a certain jurisdiction may have the appearance of being more authoritative (i.e., following English case law construing provisions of the LCIA Arbitration Rules as opposed to French case law). Id. at §2.53.

Case Law Research Links

Researchers looking for laws of a specific nation should refer to the "National Laws" tab in this research guide. These links to materials found within the UDM Law Collection will be most helpful to researchers seeking databases on case law relevant to international arbitration issues.

  • ASA Bulletin
    Available online through Kluwer Arbitration.
  • CLOUT (Caselaw on UNCITRAL Texts)
    This database offers excellent advanced search features, providing researchers with the ability to search in a wide variety of UNCITRAL texts, including the New York Convention, the Model Law on International Commercial Arbitration, and the CISG.
  • The Draft UNCITRAL Digest and Beyond
    Available online through Westlaw; search for "Draft UNCITRAL Digest and Beyond" in the global search box to quickly locate this resource.
  • International Arbitration Case Law
    Researchers can subscribe to this website for timely updates in case law postings.
  • International Arbitration: Mealey's Litigation Report
    Available online through Lexis Advance; to quickly access this resource, type: "International Arbitration: Mealey's Litigation Report" in the global search box.
  • NAFTA Chapter Eleven Reports
    Available online through Kluwer Arbitration.
  • Reinsurance: Mealey's Litigation Reports
    Available online through LexisNexis; to quickly access this resource, type "Reinsurance: Mealey's Litigation Reports" in the global search box.
  • UNILEX  
      
    Researchers can choose to limit their case law search to either UNIDROIT Principles of International Commercial Contracts or to the United Nations Convention on the International Sale of Goods.
  • Yearbook Commercial Arbitration
    A must for researchers looking at case law. This source is available online through Kluwer Arbitration, and our collection dates back to 1976. Recent volumes include chapters on case law decisions for the main conventions/treaties, as well as decisions outside of that realm.

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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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