Arbitration treaties can be multilateral or bilateral and can involve private or state parties. The key multilateral commercial arbitration treaty is the 1958 New York Convention governing the enforcement of arbitration awards. Regional commercial arbitration agreements, such as the Panama Convention, and the European Convention on International Commercial Arbitration coexist and in some cases take precedence over the N. Y. Convention.
In the investment arbitration sphere, in which one party is a sovereign country, the primary multilateral agreement is the International Convention on the Settlement of Investment Disputes (ICSID) that contains both enforcement provisions and procedural rules for the arbitration.
Bilateral investment treaties between countries are also common.
A. Law Library Resources
| Electronic Resources - Comm. Arb. | Print Resources - Comm. Arb. |
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Arbitration Law (Juris) (UCB only). Click on Digital Library, select search the database, and type "international arbitration treaties." You should find:
These sources include the text of selected treaties and rules as well as history and analysis. |
International Arbitration Treaties (3d ed., Loukas Mistelis et al. eds., 2010-). World Arbitration Reporter: International Encyclopaedia of Arbitration Law and Practice (2d ed., Loukas Mistelis et al. eds., 2010-). Detailed commentary and analysis, rules of procedure, treaties and agreements. |
| Kluwer Arbitration (UCB only) | |
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Jus Mundi (UCB only)
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| Electronic - Investment Arbitration | Print - Investment Arbitration |
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Investment Claims (multilateral treaties, BITs, rules, cases, commentary & analysis, and more) (UCB only)
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Investment Promotion and Protection Treaties (International Centre for the Settlement of Investment Disputes, comp., 1983— ). Covers bilateral investment treaties for over 130 countries. |
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TDM: Transnational Dispute Management (a selection focusing on investment arbitration)
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B. Websites of Commercial and Investment Arbitral Institutions and Government Sites
The New York Convention on the Enforcement of Arbitral Awards has three different websites containing similar materials. UNCITRAL is the international commission responsible for harmonizing rules of international trade. On its website, you will find treaties and model rules for a variety of international trade topics, including international commercial arbitration, among others.
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New York Arbitration Convention (links to the convention, contracting parties, treaty history, court decisions |
ICSID |
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United Nations Commission On International Trade Law (UNCITRAL)'s New York Convention > Texts & Status > Int'l Comm Arb.> Conventions > NY Convention
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| U.S., Trade Compliance Center, Bilateral Investment Treaties (US and other countries) |
Convention on International Sale of Goods (see National Laws tab)
Arbitration Between Sovereign States
Permanent Court of Arbitration
U.N. Treaties: Vienna Convention on the Law of Treaties. See also the treaty information in the Basic & Background Resources for Foreign & International Materials Research Guide.
Arbitration Rules
Arbitration rules govern the arbitration procedure and can contain subject-specific guidelines (see the SCC Arbitrator’s Guidelines). The international, regional, and national arbitral institutions all have websites providing their rules, and these institutions' rules might also contain model arbitration clauses from UNCITRAL's Arbitration Rules. There are many arbitral institutions worldwide. Search for the name of the arbitral body on the web.
A. Law Library Resources
| International Chamber of Commerce (ICC), Rules of Arbitration | Arbitration Rules – International Institutions: Guides to International Arbitration (3d ed., Loukas Mistelis et al. eds., 2010— ). Contains institutional rules and commentary. |
| Arbitration Rules – National Institutions: Guides to International Arbitration (2d ed., Loukas Mistelis et al. eds., 2010— ). Provides the text of more than 50 national arbitration institution’s rules, as well as background information, model clause, and other information. |
Comparing Arbitration Rules