National laws play slightly different roles in international litigation and arbitration. In litigation, the only relevant legal authority on procedure is national law of the forum. In arbitration, different national laws can apply to different stages of the arbitral proceedings. The arbitral forum's national law will likely govern aspects of an arbitral proceeding, but some provisions will only apply to domestic arbitration.
You will need the international commercial arbitration statute in effect in the arbitral forum, as well as any cases interpreting the statute, and any other legislation that addresses issues related to arbitrability of the dispute.
The websites, databases and print sources below will help identify relevant national laws and, in some cases, provide access to the text of the laws. These sources may also provide practice and procedure information. Research tip: No matter what source you use to locate a national law, be sure to check to make sure the law is current and in force. Google searches and reputable blogs, like the Kluwer Arbitration blog can help. If you locate a law on a freely available site, be sure to check the source of the law.
Many national arbitration statutes are based on the UNCITRAL Model Law.
A country's arbitration law generally governs arbitration procedure, not the subject matter of the arbitration. In an effort to harmonize international trade law rules for arbitration, UNCITRAL developed the Model Law on International Arbitration in 1985, amended 2006.
UNCITRAL > Texts and Status > Int'l Commercial Arbitration >
| Electronic Materials | Print Materials |
| Kluwer Arbitration. (UCB only). Under "Our Tools", select "Jurisdiction" and then narrow your search from there. | International Commercial Arbitration (2d. enl. ed., 1979— ). Provides national laws for 112 jurisdictions. |
| Foreign Law Guide (See "Laws by Subject" tab & then “arbitration & mediation”). (UCB only). | International Handbook on Commercial Arbitration (Jan Paulsson ed., 1984— ). Each national report provides commentary and the full text of some national laws. |
| Westlaw, Practical Law. Select "International Arbitration" from practice areas and run a search for the jurisdiction. | National Arbitration Laws (2d ed., Loukas Mistelis et al. eds., 2010— ). Each national report covers information on arbitration for the countries covered with citations to and excerpts of national laws. |
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World Arbitration Reporter: International Encyclopaedia of Arbitration Law and Practice (2010— ). The national reports contain detailed commentary and analysis on legislation from more than 100 countries. |
| Electronic Resources - Investment Arbitration | Investment Arbitration |
| Transnational Dispute Management (TDM), Laws and Regulations by Country (awards, cases, laws, treaties). (UCB only). | Investment Laws of the World (1972— ). Contains investments laws and regulations for more than 150 countries. |
Keep in mind that the law governing the arbitration agreement might not be the law that governs the underlying terms of the contract. The Convention on the International Sale of Goods (CISG) is an agreement that aims to harmonize the rules of international contract law.
