Arbitration Publications

Arbitration Committee Publications

The Arbitration Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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Compendium of arbitration practice – IBA Arb40 Subcommittee (Oct 2017)

The IBA Arb40 Subcommittee interviewed leading practitioners in the field to identify how cost and efficiency in the arbitration process could be improved, and to highlight innovative or creative practices that could be shared with other practitioners. Click here to download
Arbitration Newsletter - June 2017

A review of 2016 and an update on current projects and conferences, plus a selection of reports on arbitration rules and developments in a range global jurisdictions. Click here to login and download
Subcommittee on Arbitration Guidelines and Rules – IBA soft law products (September 2016)

This report outlines the reception of each of the IBA Rules and Guidelines in arbitral practice, case law and legal publications, and identifies a series of recommendations based on survey results.
Arbitration Newsletter - August 2016

The August edition of the Committee’s newsletter covers a tapestry of the different issues in international arbitration. It includes articles on significant jurisdictional developments in the Americas, Europe and Asia, as well as updates on other issues in this area of practice.
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Arbitration Newsletter February 2016

The Arbitration Committee's Spring newsletter features reports from the IBA Annual Conference in Vienna last October and a number of regional updates from Asia, the Middle East, Europe, the Americas and Africa covering recent developments across the international arbitration spectrum.
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The Current State and Future of International Arbitration: Regional Perspectives (2015)

This report by the Arb40 Subcommittee of the IBA Arbitration Committee considers regional perspectives on the primary issues facing arbitration in the next five years in six regions: Africa, Asia-Pacific, Europe, Latin America, Middle East and North Africa and North America.
Report on public policy and enforcement of arbitral awards (Oct 2015)

Oct 2015. The Recognition and Enforcement of Arbitral Awards Subcommittee conducted in 2014-2015 a comparative study on 'public policy' as a defence to the recognition and enforcement of arbitral awards under the New York Convention. For such purpose, the Subcommittee solicited and received reports from Arbitration Committee members reporting jurisdiction by jurisdiction on the treatment of public policy by the domestic courts in the context of enforcement of foreign arbitral awards.
Arbitration Newsletter September 2015

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Editor’s note - Arbitration Committee newsletter article, March 2015

Reza Mohtashami. Arbitration Committee Editor’s note, March 2015
Do we need special rules for energy disputes? - Arbitration Committee newsletter article, March 2015

By Peter D Cameron, Andrew Mackenzie and Brandon Malone. Do we need special rules for energy disputes?
Announcements – Jerusalem Arbitration Center launched - Arbitration Committee newsletter article, March 2015

By Sergejs Dilevka. Announcements – Jerusalem Arbitration Center launched.
Recent changes to commercial arbitration rules reflect noteworthy trends - Arbitration Committee newsletter article, March 2015

By David J Levy and Denton Nichols. Recent changes to commercial arbitration rules reflect noteworthy trends.
Portuguese Chamber of Commerce & Industry Arbitration Centre approves new institutional rules - Arbitration Committee March 2015

By Pedro Sousa Uva and Sofia Martins. Portuguese Chamber of Commerce and Industry Arbitration Centre approves new institutional rules.
The independence and impartiality of arbitrators: How much disclosure is enough? - Arbitration Committee, March 2015

By Michael Peer. Institutions, associations and procedure – The independence and impartiality of arbitrators: How much disclosure is enough?
BG Group v Argentina: US Supreme Court upholds arbitrators’ authority - Arbitration Committee newsletter article, March 2015

By Bruce G Paulsen and Jeffrey M Dine. BG Group v Argentina: US Supreme Court upholds arbitrators’ authority.
Personal jurisdiction revisited: the Second Circuit’s decision in Sonera v Çukurova - Arbitration Committee, March 2015

By Alexandra Dosman. Personal jurisdiction revisited: the Second Circuit’s decision in Sonera v Çukurova.
US court holds that Mexican annulment of arbitral award violates basic notions of justice - Arbitration Committee, March 2015

By James Graham and Leonel Pereznieto Castro. US court holds that Mexican annulment of arbitral award violates basic notions of justice.
The relationship between foreign set-aside proceedings and US enforcement of an arbitral award - Arbitration Committee newsletter article, March 2015

By Viren Mascarenhas. The relationship between foreign set-aside proceedings and US enforcement of an arbitral award.
Brazil: Foreign judgment referring parties to arbitration recognised, despite local judgment that arbitration is null and void - Arbitration Committee newsletter article, March 2015

By Olympio J M L de Carvalho e Silva and Camilla Queiroz Werneck. Brazil: Foreign judgment referring parties to arbitration recognised, despite local judgment that arbitration is null and void.
Chile’s favourable track record in international arbitration is growing - Arbitration Committee newsletter article, March 2015

By Andrés Jana L and Rodrigo Gil L. Chile’s favourable track record in international arbitration is growing.
Austria: Dealing with antitrust damages actions in collective arbitration - Arbitration Committee newsletter article, March 2015

By Dr Johannes P Willheim. Austria: Dealing with antitrust damages actions in collective arbitration.
German Regional Court of Munich holds arbitration agreement between athletes’ union and athlete to be invalid - Arbitration Committee newsletter article, March 2015

By Stephan Wilske and Claudia Krapfl. German Regional Court of Munich holds arbitration agreement between athletes’ union and athlete to be invalid.
Luxembourg considers the enforcement of annulled awards - Arbitration Committee newsletter article, March 2015

By Fabio Trevisan and Laure-Hélène Gaicio. Luxembourg considers the enforcement of annulled awards.
Court of Appeals of Helsinki rules on the validity and operation of optional arbitration clauses - Arbitration Committee, March 2015

By Markus Kokko and Tero Kovanen. Court of Appeals of Helsinki rules on the validity and operation of optional arbitration clauses.
Third-party beneficiary obliged to arbitrate according to the Supreme Court of Finland - Arbitration Committee, March 2015

By Marko Hentunen and Markus Muurman. Third-party beneficiary obliged to arbitrate according to the Supreme Court of Finland.
The Italian Supreme Court affirms jurisdictional nature of arbitration - Arbitration Committee newsletter article, March 2015

By Luigi Cascone. The Italian Supreme Court affirms jurisdictional nature of arbitration.
Ground-breaking ruling on public policy by the Abu Dhabi Court of First Instance - Arbitration Committee newsletter, March 2015

By Hassan Arab. Ground-breaking ruling on public policy by the Abu Dhabi Court of First Instance.
The first application of the New York Convention by the Qatari Supreme Court - Arbitration Committee newsletter - March 2015

By Minas Khatchadourian. The first application of the New York Convention by the Qatari Supreme Court.
Independence and impartiality: key factors for choosing an arbitral tribunal in India - Arbitration Committee, March 2015

By Meenakshi Iyer and Advaya Legal. Independence and impartiality: key factors for choosing an arbitral tribunal in India
Supreme Court of Georgia affirms authority of Georgian courts to issue measures in support of foreign arbitral proceedings - Arbitration Committee newsletter article, March 2015

By Sophie Tkemaladze. The Supreme Court of Georgia affirms the authority of the Georgian courts to issue interim measures in support of foreign arbitral proceedings.
Adjudication and settlement in the ARA Libertad dispute - Arbitration Committee newsletter article, March 2015

By Brian McGarry. Adjudication and settlement in the ARA Libertad dispute.
Enforcement of arbitral awards in South Korea: update on NDS v KT Skylife - Arbitration Committee newsletter article, March 2015

By Richard Menard. Enforcement of arbitral awards in South Korea: update on NDS v KT Skylife.
International arbitral tribunal rejects Indonesia’s jurisdictional objections and agrees to hear foreign investors’ claims - Arbitration Committee newsletter article, March 2015

By Ivo Entchev and Daniel Madison. International arbitral tribunal rejects Indonesia’s jurisdictional objections and agrees to hear foreign investors’ claims.
BIT by BIT: Indonesia’s push-back on foreign investment - Arbitration Committee newsletter article, March 2015

By Kayla Feld, Remco Smorenburg, Jessica de Rooij, Rick Beckmann, Emir Pohan. BIT by BIT: Indonesia’s push-back on foreign investment.
The IBA Guidelines on Party Representation: the right step or a step too far? - Arbitration Committee newsletter, March 2015

By Jacob Grierson. The IBA Guidelines on Party Representation: the right step or a step too far?
Arbitrators without powers? - Arbitration Committee newsletter article, March 2015

By Ilija Mitrev Penusliski. Arbitrators without powers?
The gathering and taking of evidence: should we seek to level the playing field? - Arbitration Committee, March 2015

By Alexandre Mazuranic. The gathering and taking of evidence: should we seek to level the playing field?
Anything goes? Do counsel owe a duty of honesty in relation to their submissions, and (if so) when and to whom? - Arbitration Committee newsletter article, March 2015

By Sophia von Dewall. Anything goes? Do counsel owe a duty of honesty in relation to their submissions, and (if so) when and to whom?
From the 2014 Co-Chairs - Arbitration Committee newsletter article, March 2015

By Paul Friedland and Eduardo Zuleta. Arbitration co-chairs message.
Arbitration Newsletter March 2015

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Arbitration Newsletter February 2014

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Arbitration Newsletter September 2013

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Arbitration Newsletter February 2013

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Arbitration Newsletter September 2012

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Arbitration Newsletter April 2012

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Arbitration Newsletter September 2011

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Dispute Resolution International
Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.
Ten Years of WTO Dispute Settlement
Consulting editors: Dan Horovitz, Daniel Moulis, Debra Steger
To mark the tenth anniversary of the dispute settlement system of the World Trade Organization (WTO), the Trade and Customs Law Committee of the IBA has authored this book. 
IBA Mediation Techniques e-book
Consulting editor: Patricia Barclay
The IBA is pleased to announce the launch of its first e-book entitled Mediation Techniques. Although there are many books about mediation, most of them concentrate on a single topic or have a bias towards the theoretical or philosophical. This e-book offers a practical collection of tips from and for practising mediators of different styles facing different sorts of issues. It aims to be usable by mediators at an early stage in their career but to contain sufficient variety to still be interesting to more experienced mediators.
Guidelines on Conflicts of Interest in International Arbitration (2014)

The Guidelines on Conflicts of Interest represent the most comprehensive work to date defining the framework by which the impartiality of arbitration in the international arena can be most effectively assured. The publication sets out a series of seven general standards of independence and disclosure to govern the selection, appointment and continuing role of an arbitrator. The most recent version of the Guidelines was adopted by resolution of the IBA Council on Thursday 23 October 2014. This version updates and clarifies the original Guidelines, which were approved by the Council of the IBA on 22 May 2004. The Guidelines are intended for use around the world.
Guidelines on Party Representation in International Arbitration (2013)

The IBA Arbitration Committee and its Task Force on Counsel Conduct have produced guidelines for party representation and counsel conduct in international arbitration.
IBA Guidelines on Drafting International Arbitration Clauses (2010)

The IBA Guidelines for Drafting International Arbitration Clauses were approved by the IBA Council in October 2010. The Guidelines were developed by a Task Force appointed by the Arbitration Committee and composed of Paul Friedland (chair), Doak Bishop, Karim Hafez, Adriano Jucà, Carole Malinvaud, Sundaresh Menon, Jean-Claude Najar, William (Rusty) Park, Anne-Véronique Schlaepfer, Eduardo Silva Romero, Stephen E Smith, Matthew Weiniger and Damien Nyer (Secretary).
IBA Rules on the Taking of Evidence in International Arbitration (2010)

On 29 May 2010, the International Bar Association adopted the new IBA Rules on the Taking of Evidence in International Arbitration, which superceed those of 1999. The revised rules will apply to all arbitrations in which the parties agree to apply the IBA Rules after 29 May 2010, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.
Country guides to arbitration

The Arbitration Committee has prepared a guide to the law and practice of arbitration in more than 50 countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to arbitration in particular jurisdictions.