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.
In general, you should start with a commentary or explanatory companion to the treaty's text. Commentaries provide explanation of the scope of the treaty, analysis of its provisions, and reference to additional related documentation
A. Using the Law Library Catalog to find Treaty Commentaries
A simple search for the name of the treaty or convention and commentary works well = ICSID commentary.
Investment Promotion and Protection Treaties (International Centre for the Settlement of Investment Disputes, comp., 1983— ). Covers bilateral investment treaties for over 130 countries.
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.
B. You can also search individual databases for treaty texts and explanation. Here are three that cover both private commercial arbitration and investor-state arbitration.
| Commercial and Investor-State Arbitration Databases |
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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. Juris publications are also available through Jus Mundi, below. |
| Kluwer Arbitration (UCB only): Use the main search box on the home page & filter for specific materials, or select "books" and then search for treaty commentaries. |
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Jus Mundi (UCB only): Like Kluwer, Jus Mundi offers both Publications (try a search for treaty commentary) and the treaty texts with filters to help locate awards, cases, and rules related to treaty provisions. Click the icon for "treaties" to filter for the treaties database only. |
| Investor-State Law Guide (ISLG): citators provide links to cases analyzing arbitration rules, cases, or secondary authority. Click on login - auto login to get to the database. |
C. You can find all arbitration databases by filtering for arbitration in the A-Z databases list on the law library homepage. Additional sources include two sources popular with practitioners:
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TDM: Transnational Dispute Management (a selection focusing on investment arbitration). Click on Law and Regulatory and filter for International Treaties & Related Instruments. Global Arbitration Reporter (GAR): a news source with guides to arbitration geared to practitioners. To access primary authority, you must be on campus. |
D. 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.) |
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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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ICSID |
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| U.S., ITA Trade Compliance Center: links to US Bilateral Investment Treaties and associated materials. | |
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UNCTAD: Guidance on U.N.'s Commission for Trade and Development and navigation of investment treaties and dispute settlement decisions (see Policy Tools tab). |
E. Arbitration Between Sovereign States
Permanent Court of Arbitration
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