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Books on the topic 'Arbitration clause'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 2025

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1

Agarwal, Anurag K. Business dispute resolution: Taking arbitration clause seriously. Indian Institute of Management, 2014.

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2

American Bar Association. Section of Litigation., ed. Practical pointers for drafting an international dispute resolution clause. Section of Litigation, 1999.

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3

R, Rooks Harold, Spratt Peter C, and Seattle-King County Bar Association. International Law Section., eds. The International arbitration clause: Drafting with the benefit of experience. SKCBA, 1989.

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4

Born, Gary. International arbitration and forum selection agreements: Drafting and enforcing. Kluwer Law International, 2013.

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5

Born, Gary. International arbitration and forum selection agreements: Planning, drafting, and enforcing. Kluwer Law International, 1999.

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6

Corona, Irene Gabriela García. Arbitraje de inversión: La cláusula de la nación más favorecida en derechos adjetivos. Universidad Nacional Autónoma de México, 2013.

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7

Schmidt, Carsten. Prozessuale Meistbegünstigung im völkerrechtlichen Investititionsschutz. P. Lang, 2004.

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8

American Bar Association. Section of Business Law. and ABA Standing Committee on Dispute Resolution., eds. Arbitration clauses in corporate governance documents. The Association, 1994.

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9

Brigitte, Stern, and World Trade Organization, eds. La jurisprudence de l'OMC: The Case-law of the WTO 1999-1. Martinus Nijhoff Publishers, 2007.

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10

Sparka, Felix. Jurisdiction and Arbitration Clauses in Maritime Transport Documents. Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-10222-6.

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11

School, Osgoode Hall Law, and Professional Development Programme (Osgoode Hall Law School), eds. Negotiating and drafting arbitration clauses in commercial agreements. Emond Montgomery Publications, 1997.

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12

Nigel, Rawding, Reed Lucy, and Freshfields (Firm), eds. The Freshfields guide to arbitration clauses in international contracts. 3rd ed. Kluwer Law International, 2011.

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13

Martin, Hunter, and Freshfields (Firm), eds. The Freshfields guide to arbitration and ADR: Clauses in international contracts. Kluwer Law and Taxation Publishers, 1993.

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14

Brees, Mina A. Arbitration road map: A guide to clauses, procedures, and hearings. State Bar of Texas, 2007.

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15

Earle, Wendy J. Drafting ADR and arbitration clauses for commercial contracts: A solicitor's manual. Carswell, 2002.

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16

Barreto, Túlio Velho. Representação classista ou representação sem classe?: Um estudo sobre os juízes classistas na Justiça do Trabalho em Pernambuco. Fundação Joaquim Nabuco, Editora Massangana, 1998.

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17

Beale, Ned. Dispute resolution clauses in international contracts: A global guide. Schulthess, 2013.

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18

Sparka, Felix. Jurisdiction and arbitration clauses in maritime transport documents: A comparative analysis. Springer, 2010.

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19

Jan, Paulsson, and Freshfields (Firm), eds. The Freshfields guide to arbitration and ADR: Clauses in international contracts. 2nd ed. Kluwer Law International, 1999.

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20

Office, General Accounting. World trade organization: First-year U.S. efforts to monitor China's compliance : report to Congressional Committees. GAO, 2003.

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21

Office, General Accounting. World Trade Organization: U.S. experience to date in dispute settlement system : briefing report to the Chairman, Committee on Ways and Means, House of Representatives. The Office, 2000.

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22

Office, General Accounting. World Trade Organization: U.S. experience to date in dispute settlement system : briefing report to the Chairman, Committee on Ways and Means, House of Representatives. The Office, 2000.

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23

Office, General Accounting. World Trade Organization: Standard of review and impact of trade remedy rulings : report to the Ranking Minority Member, Committee on Finance, U.S. Senate. GAO, 2003.

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24

Office, General Accounting. World Trade Organization: China's membership status and normal trade relations issues : report to Congressional committees. The Office, 2000.

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25

Office, General Accounting. World Trade Organization: Analysis of China's commitments to other members : report to congressional committees. GAO, 2002.

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26

Office, General Accounting. World Trade Organization: Issues in dispute settlement : report to the Chairman, Committee on Ways and Means, House of Representatives. The Office, 2000.

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27

Office, General Accounting. World Trade Organization: Status of China's trade commitments to the United States and other members : report to Congressional committees. The Office, 2000.

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28

Office, General Accounting. World Trade Organization: U.S. experience to date in dispute settlement system : briefing report to the Chairman, Committee on Ways and Means, House of Representatives. The Office, 2000.

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29

Office, General Accounting. World Trade Organization: Cancun Ministerial fails to move global trade negotiations forward; next steps uncertain : report to the Chairman, Committee on Finance, U.S. Senate, and to the Chairman, Committee on Ways and Means, House of Representatives. GAO, 2004.

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30

Office, General Accounting. World Trade Organization: China's membership status and normal trade relations issues : report to congressional committees. The Office, 2000.

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31

Office, General Accounting. World Trade Organization: U.S. experience to date in dispute settlement system : briefing report to the Chairman, Committee on Ways and Means, House of Representatives. The Office, 2000.

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32

Great Britain. Department of Trade and Industry. A consultation paper on draft clauses and schedules of an Arbitration Bill. Department of Trade and Industry, 1994.

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33

Mutimba, Joy. Standard Clauses in International Contracts. the Arbitration Clause. GRIN Verlag GmbH, 2018.

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34

Michael, Moser, and Bao Chiann. 4 Model Arbitration Clauses. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198712251.003.0004.

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This chapter discusses the purpose and function of model arbitration clauses. A model arbitration clause recommended by an arbitral institution provides for the essential elements of an arbitration agreement. Such model arbitration clauses are of a general nature and are thus suitable for many different types of agreements. Parties who choose to include an arbitration clause in their agreement may in addition modify a model clause to suit their needs. With these in mind the chapter begins with a general discussion of the nature and scope of model arbitration clauses, followed by an overview of

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35

Magnan, Charles. Relations between arbitration clause and foreign state immunities. 1985.

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36

Paul D, Friedland, and Nyer Damien. 3 Drafting Considerations for Clauses Designating New York as the Place of Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.003.0004.

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This chapter offers recommendations for drafting arbitration clauses that provide for international arbitration in New York. It addresses preliminary issues that, irrespective of the chosen seat of arbitration, must be considered. The literature on this topic is extensive and is summarized accordingly, but the basic rule when drafting an arbitration clause is to start with a model clause. This is so whether or not the clause provides for arbitration in New York. In addition, the chapter also discusses considerations that are specific to arbitration clauses designating New York as the place of

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37

Gerard J, Meijer, and Hansen Richard H. 6 Arbitration Clauses for International Financial Disputes. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199687862.003.0006.

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This chapter discusses the drafting of arbitration clauses for international financial disputes. Topics covered include the general elements which should be included in all arbitration clauses to ensure compliance with local laws and that disputes about the elements of the arbitration clause do not arise after the start of an international financial dispute; model arbitration clauses developed by arbitration institutes for use in financial contracts; description of the legal relationship to which the arbitration clause relates; parties and place of arbitration; the choice of an applicable subs

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38

Tang Hang, Wu, and Tan Paul. III Trust Arbitration as a Matter of National Law, 15 Singapore: Trust Disputes and Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0015.

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This chapter examines the question of the arbitrability of trust disputes in Singapore. In so doing, it discusses various issues which are said to present obstacles to the arbitration of trust disputes, and their applicability and relevance in the Singapore context. These are: whether an arbitration clause in a trust deed is considered to be an agreement to arbitrate; whether arbitrations are impermissible for ousting the courts’ jurisdiction; whether a clause in a trust which purports to be an arbitration agreement can bind the beneficiaries of a trust; whether arbitration can satisfy the req

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39

Michael J, Moser, and Bao Chiann. A Guide to the HKIAC Arbitration Rules. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198712251.001.0001.

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This book provides a detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules providing practitioners with an insider’s perspective on how the HKIAC Secretariat administers arbitrations under these rules. HKIAC is one of the world’s most sophisticated arbitration institutions, which established a set of Administered Arbitration Rules in 2008. Since then, HKIAC has enjoyed a continued yearly growth in cases. In 2015, HKIAC saw a record number of arbitration cases in 2012. This guide makes reference to the Hong Kong Arbitration Ordinance as wel

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40

Practical skills course in commercial arbitration: From drafting the intial [i.e. initial] clause to appeals. MCLE, 1994.

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41

Moser, Michael J., and Chiann Bao. A Guide to the HKIAC Arbitration Rules. 2nd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198853169.001.0001.

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Abstract This is the second edition of the detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules, providing practitioners with an insider’s perspective on how the HKIAC Secretariat administers arbitrations under these rules. This practical guide makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize the key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. As well as offering an insid

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42

Michael, Young. Part III International Arbitration Agreements: Issues and Perspectives, 10 Silent Talk: Identifying the Language of an Arbitration When the Arbitration Clause Is Silent. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0011.

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Language is a fundamental part of legal practice: without it, lawyers cannot function. But despite its importance, the applicable language is addressed rarely in a dispute resolution clause. Given its potent impact, the parties often disagree over which language (or languages) should apply where the clause is silent. This chapter considers the tools available to an arbitral tribunal to identify the language of the arbitration and to maintain the applicable language of the proceedings, while affording the parties flexibility in how they present their cases and ensuring that the matter proceeds

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43

Wang, Anqi. Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration. BRILL, 2022.

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44

Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 3 The Arbitration Agreement. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0003.

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This chapter discusses the notion, content, and effects of the arbitration agreement, defined as an agreement to submit to arbitration all or certain disputes that have arisen or may arise between the parties in respect of a defined legal relationship, whether contractual or not, which may be in the form of a clause in a contract or of a separate ‘submission agreement’ (compromis arbitral). The chapter examines the principle of separability and the requirements for the validity of the arbitration agreement, namely arbitrability, written form, and substantive validity, including the agreement’s

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45

William W, Park. Part I International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions, 1 Explaining Arbitration Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0002.

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This chapter considers the challenges in explaining arbitration law. Unlike most fields of law that provide guidance on how courts decide cases, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. However, if one side regrets a decision to arbitrate, or the parties diverge about what the arbitration clause covers, courts may be asked to assist in implementing the arbitration agreement or resulting award. At such moments, arbitration law normally includes two limbs: first, to hold parties to their bargains to arbitrate; se

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46

David, Scorey, Geddes Richard, and Harris Chris. Part III Dispute Resolution Under the Bermuda Form, 16 The Arbitration Agreement. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.003.0016.

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This chapter provides an overview of practical and theoretical aspects of arbitrating disputes concerning Bermuda Form policies, building upon the contents of earlier chapters. A well known feature of the Bermuda Form is its dispute resolution mechanism, namely the requirement for arbitration in London to resolve any dispute between the policyholder and the insurer that cannot be resolved or settled by early negotiation. This requirement for London arbitration is contained in Article VI.N of Form XL004, in the ‘conditions’ section of the Bermuda Form. Article VI.N is a lengthy and detailed cla

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47

SI, Strong. II Trust Arbitration at the Institutional Level, 5 Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, ICC, and DIS Trust Arbitration Regimes. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0005.

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This chapter compares four different institutional approaches to internal trust arbitration: the American Arbitration Association (AAA) Wills and Trusts Arbitration Rules, the American College of Trust and Estate Counsel’s (ACTEC) proposed model statutes and arbitration provisions, a model trust arbitration clause promulgated by the International Chamber of Commerce (ICC) in 2008, and a specialized arbitral procedure created by the Deutsche Institution für Schiedsgerichtsbarkeit (DIS) in 2009. It analyses each of these approaches in terms of enforceability and procedural incentives so as to de

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48

Martin F, Gusy, and Hosking James M. A Guide to the ICDR International Arbitration Rules. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198729020.001.0001.

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The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published. The ICDR International Arbitration Rules are structured in accordance with the typical life cycle of an international arbitration and the book follo

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49

Anton, Asoskov. Part II Investor-State Arbitration in the Energy Sector, 12 Energy Investor-State Disputes in Russia and the Commonwealth of Independent States. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198805786.003.0012.

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This chapter looks at the most prominent cases under the Energy Charter Treat (ECT) involving the Russian Federation, and their fate in annulment actions before the Dutch courts. Recently, the ECT became the most discussed international instrument in Russia due to the large-scale arbitrations initiated by the former Yukos shareholders against the Russian Federation. The chapter also discusses the use of some lesser known multilateral investment treaties and analyzes their possible bases for arbitrating energy investment disputes involving the Russian Federation or other states from the Commonw

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50

William W, Park. Part II Legal Framework: Courts, Statutes and Treaties, E The Contractual Context, 2 The Arbitration Clause: Drafting Considerations. Oxford University Press, 2012. http://dx.doi.org/10.1093/law/9780199657131.003.0025.

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