International Arbitration
Commercial parties and their advisors have come to prefer arbitration over litigation in national courts for international commercial disputes. The process has a number of advantages primarily related to the parties' control (party autonomy) over the process. The parties can agree the choice of arbitrator(s), the rules of procedure and the governing law, the location for the hearings, the language and the timing. This is in contrast to the more limited input that parties have in litigation and modern managed commercial court practice.
The confidentiality and neutrality of the process are valued by commercial parties.
The growing expertise, experience, training and professionalism of the cadre of arbitrators and advisors, the ever increasing professionalism and experience of the organisations that provide support for the process, and the almost world-wide accession to the New York Convention on recognition and enforcement of arbitral awards (1958) have created a sense of confidence in the process.
Links to the major international documents and materials for international commercial dispute resolution together with details of the principal institutions engaged in international dispute resolution in Europe can be found HERE.
Model Laws and Conventions
UNCITRAL Model Law on International Commercial Arbitration 1985 (as amended 2006)
UNCITRAL Model Law on International Commercial Concilliation 2002
New York Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958
UNCITRAL Arbitration Rules
UNCITRAL Arbitration Rules 1976 as revised 2010
Original text: UNCITRAL Arbitration Rules (1976)
Other rules and guidelines proposed for international arbitration and ADR procedures by the institutions can be found HERE
Guidelines for International Arbitration
IBA Guidelines on Taking of Evidence in International Arbitration
IBA Guidelines on Taking of Evidence in International Arbitration Background>Information
IBA International Code of Ethics
IBA Rules of Ethics for International Arbitrators
ICC Controlling Time and Costs in Arbitration Report of ICC Commission (2007)
ICC IT in International Arbitration Report of ICC Commission on Arbitration
ICC Drafting Arbitral Awards Report of ICC Commission on Arbitration
UNCITRAL Notes on Organizing Arbitral Proceedings
UNCITRAL Recommendations to assist arbitral institutions and other arbitral institutions with regard to arbitrations under the UNCITRAL Arbitration Rules
WIPO Guide to Arbitration
WIPO General Information on Arbitration
Settlement in International Arbitration
CEDR Commission on Settlement in International Arbitration, Final Report, November 2009