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International Commercial Arbitration: Case Law

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.

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.