International Commercial Arbitration

INTERNATIONAL COMMERCIAL ARBITRATION

Outline

A. What is International Arbitration?

1. Defining Characteristics of Commercial Arbitration

2. Special Characteristics of International Commercial Arbitration

3. Legal Framework for International Commercial Arbitration

4. Institutional Arbitration Rules

5. International Arbitration Agreements

B. An Overview of the Advantages and Disadvantages of International

Arbitration

C. An Overview of Leading International Arbitration Institutions and Rules

1. Institutional Arbitration

2. Ad Hoc Arbitration

3. Leading Arbitral Institutions:

a. International Chamber of Commerce International Court Of Arbitration

b. American Arbitration Association

c. London Court of International Arbitration

d. Other Arbitral Institutions

D. An Introduction to International Treaties and Conventions Concerning International Commercial Arbitration

1. Geneva Protocol of 1923 and Geneva Convention of 1927

2. The New York Convention

3. The Inter-American Convention on International Commercial Arbitration

4. The ICSID Convention

5. Iran-United States Claims Tribunal

6. Bilateral Treaties

E. Choice Of Law in International Commercial Arbitration

1. Importance of Choice of Law Issues in International Arbitration

2. Overview Of Law Applicable to the Substance of the Parties' Dispute

3. Overview of Law Applicable to the Arbitration Agreement

4. Overview of Law Applicable to the Arbitration Proceedings

5. Conflict of Law Rules

F. U.S. Legislation Concerning International Commercial Arbitration

1. Relevance of National Arbitration Legislation

2. Introduction to the Federal Arbitration Act and Other Sources

3. The Federal Arbitration Act

4. State Arbitration Laws

G. Overview of Foreign Arbitration Statutes

1. Less Supportive National Arbitration Legislation

2. Supportive National Arbitration Legislation

H. International Efforts at Harmonization of Arbitration Statutes and Rules

1. UNCITRAL Model Law on International Commercial Arbitration

2. UNCITRAL Arbitration Rules

3. IBA Supplementary Rules of Evidence

4. ABA/AAA and IBA Code of Arbitrations' Ethics

I. Sources of Information About International Arbitration

1. ICCA Yearbook of Commercial Arbitration

2. Mealey's International Arbitration Report

3. Arbitration International

4. Journal du Droit International (Clunet)

5. Collection of ICC Arbitral Awards

6. International Legal Materials

7. W. Craig, W. Park & J. Paulsson, International Chamber Arbitration

8. A. Redfern & M. Hunter, International Chamber Arbitration

9. Domke on Commercial Arbitration

10. Van den Berg, The New York Convention of 1958 and G.Gaja, The New York Convention

11. Holtzmann & Neuhaus, Guide to the UNCITRAL Model Law on International Commercial Arbitration

INTERNATIONAL COMMERCIAL ARBITRATION

International arbitration, like domestic arbitration, is a means by which a dispute can be definitively resolved, pursuant to the parties' voluntary agreement, by a disinterested, non-governmental decision-maker. Or, in the words of the U.S. Supreme Court, "an agreement to arbitrate before a specified tribunal [is], in effect, a specialized kind of forum-selection clause that posits not only the situs of suit but also the procedure to be used in resolving the dispute." (Scherk). "There are as many other definitions of arbitrations as there are commentators on the subject." (Redfern & Hunter)

Commercial arbitration has several defining characteristics. First, arbitration is consensual-the parties must agree to arbitrate their differences. Second, arbitrations are resolved by non-governmental decision-makers-arbitrators do not act as government agents, but are private persons selected by the parties. Third, arbitration produces a definitive and binding award, which is capable of enforcement through national courts.

Another defining characteristic of arbitration is its flexibility, which generally permits parties to agree upon the procedures that will govern the resolution of their dispute. As a consequence, the procedural conduct of arbitrations varies dramatically across industrial sectors, arbitral institutions, and categories of disputes. In particular fields, or individual cases, parties often agree upon procedural rules that are tailor-made for their individual needs.

A side from specialized fields, commercial