international commercial arbitration dissertation topics

International Arbitration Research

Getting started, arbitration terminology, hollis searching, books & treatises, online sources, awards and proceedings, new york convention, regional materials, getting help.

This is a guide to international commercial and investment arbitration research at the Harvard Law School Library. 

The content of this guide is on a single page. To search for a term in the guide, use CTRL+F. To navigate through the guide, use the links on the left.

If you have questions about this guide or need research help, please visit  https://asklib.law.harvard.edu/index.php .

QUICK LINKS

Below are quick links to some of our most popular resources for arbitration research.

• Global Arbitration Review 100 (print edition, includes the GAR 100 and GAR 30 lists, shelved in the reading room
• International Commercial Arbitration (Gary Born) (Treatise)
• Investment Arbitration Reporter (Subscription Database)
• Investor-State Law Guide (Subscription Database)
• Jus Mundi (Subscription Database)
• KluwerArbitration (Subscription Database)
• Oxford Legal Research Library: International Commercial Arbitration (Subscription Database)
• Redfern and Hunter on International Arbitration (Treatise)

Below are links to information about words or phrases that often appear in the arbitration literature.  Terms listed include those used in the following types of arbitration, both of which are covered in this guide: 

• Investment arbitration:  resolving a dispute between a private investor and a state
• Commercial arbitration:  resolving a dispute between two private parties that have entered into a commercial contract with each other

A variety of types of sources are linked to, including legal dictionaries, introductory treatises, and official websites of relevant organizations.

• Arbitration
• Arbitration Agreement
• Arbitration Clause
• Bilateral Investment Treaty (BIT)
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) (1958)
• International Center for Settlement of Investment Disputes (ICSID)
• International Institute for the Unification of Private Law (UNIDROIT)
• Investment Treaty
• Investment Treaty Law
• United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 1980)
• United States Commission on International Trade Law (UNCITRAL)

Using the Harvard Library Catalog, HOLLIS, for Arbitration Research

Access to all sources listed in this guide is available through the HOLLIS library catalog at  https://hollis.harvard.edu , which you can use to search for books, journal articles, and more.  Limit search results by resource type, library location, and more using the options on the right side of the search results screen.

Searching HOLLIS

Below is a list of pre-populated HOLLIS searches that are relevant for international arbitration research.  Click a link to view its search results in HOLLIS.  Note that most of these searches are very broad, so you will probably want to limit the search results by date, additional keywords, or other options.

• HOLLIS search: Keyword anywhere = "friendship, commerce, and navigation"
• HOLLIS search: Keyword anywhere = "investment arbitration"
• HOLLIS search: Keyword anywhere = "investment treaty arbitration"
• HOLLIS search: Keyword anywhere = "investor-state dispute"
• HOLLIS Search: Keyword anywhere = "trade arbitration"
• HOLLIS search: Keywords anywhere = "international investment law" AND "arbitration"
• HOLLIS search: Subject = "Agreement on Trade-Related Aspects of Intellectual Property Rights" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "arbitration act"
• HOLLIS search: Subject = "arbitration" AND Keyword anywhere = "confidentiality"
• HOLLIS search: Subject = "arbitration (international law)"
• HOLLIS search: Subject = "arbitration, industrial"
• HOLLIS search: Subject = "arbitration agreements"
• HOLLIS search: Subject = "arbitration and award"
• HOLLIS search: Subject = "CISG" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "commerce" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "commercial arbitration"
• HOLLIS search: Subject = "commercial courts -- rules and practice"
• HOLLIS search: Subject = "commercial treaties" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "Conflict of Laws -- Arbitration and Award"
• HOLLIS search: Subject = "dispute resolution (law)" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "foreign trade regulation" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "General Agreement and Tariffs and Trade" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "ICSID" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "intellectual property" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "international chamber of commerce" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "international commercial arbitration"
• HOLLIS Search: Subject = "international disputes" AND Keyword Anywhere = "arbitration"
• HOLLIS search: Subject = "international law" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "international sales law"
• HOLLIS search: Subject = "international trade law" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "investments, foreign" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "jurisdiction (international law)" AND Keyword Anywhere = "arbitration"
• HOLLIS search: Subject = "parallel proceedings (law)"
• HOLLIS search: Subject = "UNCITRAL" AND Keyword anywhere = "arbitration"
• HOLLIS search: Subject = "Willem C. Vis International Commercial Arbitration Moot"
• HOLLIS search: Subject = "World Trade Organization" AND Keyword anywhere = "arbitration"

Browsing Materials in HOLLIS by Library of Congress Call Number

Books in our library are organized on the shelves by subject and classified according to the Library of Congress call number system.  Under this system, all books that are primarily about law have a call number that starts with the letter "K."  If the book is mainly about international arbitration, then its call number will begin with "K2400."

In HOLLIS, you can browse books by call number.  Click the link below to browse the K2400 books in HOLLIS.

HOLLIS call number browse: K2400​

Using HOLLIS to Find Papers on Arbitration Written by HLS LLM and SJD Students

To view a list of papers on the topic of arbitration in the library's collection written by HLS LLM and SJD students, click the link below to run the appropriate search in HOLLIS:

Title = "Harvard Law School Thesis" AND Keywords anywhere = "arbitration"

Subscription Databases for Arbitration Research

Below is a list of subscription databases that are helpful for arbitration research, organized alphabetically. For each database, a link to its HOLLIS record, which include a link to its Harvard-specific URL, is provided, along with a brief description of its content.

• Global Arbitration Review (GAR) "International journal of public and private arbitration."
• HeinOnline HeinOnline provides comprehensive coverage of more than 2,600 law-related periodicals. It also contains materials related to treaties, constitutions, case law, world trials, classic treatises, international trade, foreign relations, and more.
• Investment Arbitration Reporter (IAReporter) Investment Arbitration Reporter is a news & analysis service tracking international arbitrations between foreign investors and sovereign governments.
• Investor-State Law Guide Investor-State Law Guide provides access to all materials relevant to publicly available ICSID, NAFTA and ad hoc tribunal decisions. Note that you may experience access problems for this database if you are using a Google Chrome browser.
• Jus Mundi Search engine for international law and arbitration -- includes extensive database of arbitral awards and citator functionality.
• KluwerArbitration KluwerArbitration is the world's leading online resource for international arbitration research. It contains a wealth of commentary from expert authors and an extensive collection of primary source materials, including ICC materials.
• Oxford Reports on International Law Includes two modules: International Law in the EU Courts and International Trade Law Decisions.
• Westlaw In the search box on the Westlaw homepage, type "International Arbitration Materials" and select the corresponding link when it comes up in the drop-down menu. Content: cases, awards, rules, conventions, legislation, model laws, guides, model clauses, treatises, journals, and current awareness.
• WorldTradeLaw.net Provides summary and analysis of all WTO reports and arbitrations; a current keyword index; a database of dispute settlement tables and statistics; and a user-friendly search tool for WTO cases, legal texts, and other documents.

General Arbitration Research: Books/Treatises

Below are selected secondary sources that discuss international arbitration in general. They may provide a good basic overview for your research.

• The Complete (But Unofficial) Guide to the Willem C. Vis International Commercial Arbitration Moot by Jörg Risse Publication Date: 2015 (3rd ed.)
• The Culture of International Arbitration by Won L. Kidane Publication Date: 2017
• Domke on Commercial Arbitration by Martin Domke Publication Date: 2003-
• The Evolution of International Arbitration: Judicialization, Governance, Legitimacy by Alec Stone Sweet and Florian Grisel Publication Date: 2017
• Foreign Investment Law Including Investor-State Arbitrations in a Nutshell by Ralph H. Folsom Publication Date: 2022
• The Functions of Arbitral Institutions by Remy Gerbay Publication Date: 2016
• International Arbitration: A Practical Guide by Stuart Dutson Publication Date: 2019 (2nd ed.)
• International Arbitration: Law and Practice by Gary Born Publication Date: 2016 (2nd ed.)
• International Commercial Arbitration by Gary Born Publication Date: 2014 (2nd ed.)
• International Commercial Arbitration: A Transnational Perspective by Tibor Varady et al. Publication Date: 2019 (7th ed.)
• International Commercial Arbitration: International Conventions, Country Reports, and Comparative Analysis by Stephan Balthasar (ed.) Publication Date: 2016
• International Investment Arbitration: Substantive Principles by Campbell McLachlan Publication Date: 2017 (2nd ed.)
• International Investment Law and Arbitration: History, Modern Practice, and Future Prospects by Borzu Sabahi, Ian A. Laird, and Giovanna E. Gismondi Publication Date: 2018
• National Arbitration Laws by Loukas Mistelis, Laurence Shore, general editors ; Hans Smit, founding editor. Publication Date: 2010 (2nd ed., looseleaf)
• The Principles and Practice of International Commercial Arbitration by Margaret L. Moses Publication Date: 2017 (3rd ed.)
• Private International Law and Arbitration (v. 1) by Jack J. Coe, Jr. and Donald Earl Childress (eds.) Publication Date: 2018
• Redfern and Hunter on International Commercial Arbitration by Nigel Blackaby Publication Date: 2015 (6th ed.) Note: This is also available as an eBook through KluwerArbitration. .
• UCIA -- Universal Citation in International Arbitration by Stephen Anway et al. (eds.) Publication Date: 2023 (2nd ed.)
• The World Arbitration Reporter: International Encyclopedia of Arbitration Law and Practice by Loukas Mistelis, Laurence Shore, general editors ; Hans Smit, founding editor Publication Date: 2010- (Looseleaf)

Arbitration Book Series

Academic publishers sometimes issue a series of books about a particular subject, and there are a few series devoted to arbitration.  To search HOLLIS by series title, click its corresponding link below.

• Arbitration in Context (Kluwer)
• International Arbitration Law Library (Kluwer)
• International Commerce and Arbitration (Eleven)
• International Courts and Tribunals Series (Oxford)
• Lloyd's Arbitration Law Library (Routledge)
• Oxford International Arbitration Series

Selected Topics in Arbitration: Books/Treatises

• Addressing Corruption Allegations in International Arbitration by Brody K. Greenwald and Jennifer A. Ivers. Publication Date: 2019
• Arbitration and Contract Law: Common Law Perspectives by Neil Andrews Publication Date: 2016
• Arbitration in the Digital Age: The Brave New World of Arbitration by Maud Piers & Christina Aschauer (eds.) Publication Date: 2018
• The CISG Advisory Council Opinions by Ingeborg Schwenzer (ed.) Publication Date: 2017
• Contributory Fault and Investor Misconduct in Investment Arbitration by Martin Jarrett Publication Date: 2019
• Cross-Examination in International Arbitration: Nine Basic Principles by Kaj Hober Publication Date: 2014
• Fair and Equitable Treatment: Its Interaction with the Minimum Standard and its Customary Status by Patrick Dumberry Publication Date: 2018
• Good Faith in International Investment Arbitration by Emily Siporski Publication Date: 2019
• Guerrilla Tactics in International Arbitration by Günther J. Horvath, Stephan Wilske (eds.) Publication Date: 2013
• The Guide to Challenging and Enforcing Arbitration Awards by J William Rowley (ed.) Publication Date: 2019
• The Guide to Damages in International Arbitration by John A. Trenor Publication Date: 2018 (3rd ed.)
• Hardship and Force Majeure in International Commercial Contracts: Dealing with Unforeseen Events in a Changing World by Fabio Bortolotti; Dorothy Ufot Publication Date: 2019 Note: This is also available as an eBook through KluwerArbitration. .
• Injunctive Relief and International Arbitration by Hakeem Seriki Publication Date: 2015
• International Arbitration and Forum Selection Agreements: Drafting and Enforcing by Gary Born Publication Date: 2016 (5th ed.)
• Interpretation of Contracts in Comparative and Uniform Law by Ahmet Cemil Yıldırım Publication Date: 2019 Note: This is also available as an eBook through KluwerArbitration. .
• Jurisdiction, Admissibility, and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by Neil Kaplan & Michael Moser (eds.) Publication Date: 2018 Note: This is also available as an eBook through KluwerArbitration.
• Party-Appointed Arbitrators in International Commercial Arbitration by Alfonso Gomez-Acebo Publication Date: 2016 Note: This is also available as an eBook through KluwerArbitration. .
• Pleading in Arbitration: A Practitioner's Guide by Steven Walker and Iain K. Clark Publication Date: 2017
• The Powers and Duties of an Arbitrator: Liber Amicorum Pierre A. Karrer by Patricia Shaughnessy, Sherlin Tung (eds.) Publication Date: 2017
• Principles of Evidence in Public International Law as Applied by Investor-State Tribunals: Burden and Standard of Proof by Kabir Duggal, Wendy W. Cai. Publication Date: 2019
• Procedure Shopping through Hybrid Arbitration Agreements: Considerations on Party Autonomy in Institutional International Arbitration by Nathalie Lendermann Publication Date: 2018
• Protection of Legitimate Expectations in Investment Treaty Arbitration: A Theory of Detrimental Reliance by Teerawat Wongkaew Publication Date: 2019
• Rules of Evidence in International Arbitration: An Annotated Guide by Nathan D. O'Malley Publication Date: 2019 (2nd ed.)
• Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified by Steffen Hindelang and Markus Krajewski Publication Date: 2016
• The Use of Economics in International Trade and Investment Disputes by Marion Jansen, Joost Pauwelyn and Theresa Carpenter (eds.) Publication Date: 2017
• What Counsel in Arbitration Can Do, Must Do, or Must Not Do by Vanessa Foncke et al. (eds.) Publication Date: 2015

Arbitration in the International Legal Order: Books/Treatises

The books listed below focus more on international law generally and include one or more chapters or sections specifically dedicated to arbitration.

• Building a Treaty on Business and Human Rights: Context and Contours by Surya Deva and David Bilchitz Publication Date: 2017
• Critical International Law: Postrealism, Postcolonialism, and Transnationalism by Prabhakar Singh, Benoît Mayer (eds.) Publication Date: 2014
• Irresolvable Norm Conflicts in International Law: The Concept of a Legal Dilemma by Valentin Jeutner Publication Date: 2017
• Principles of International Economic Law by Matthias Herdegen (ed.) Publication Date: 2016 (2nd ed.)
• Reconceptualising the Rule of Law in Global Governance, Resources, Investment, and Trade by Photini Pazartzis, Maria Gavouneli, Anastasios Gourgourinis, and Matina Papadaki (eds.) Publication Date: 2016
• Transnational Commercial Law by Maren Heidemann Publication Date: 2019

Arbitration Journals

• American Review of International Arbitration
• Arbitration International
• Dispute Resolution Journal
• European Arbitration Review
• European International Arbitration Review
• European Investment Law and Arbitration Review
• ICC Dispute Resolution Bulletin
• ICSID Reports
• ICSID Review
• International Arbitration Law Review
• International Commercial Arbitration
• International Quarterly
• International Sports Law Journal
• Journal of International Arbitration
• Journal of International Dispute Settlement
• Journal of International Economic Law
• Journal of Private International Law
• Journal of World Investment and Trade
• Journals in KluwerArbitration Arbitraje: Revista de Arbitraje Comercial y de Inversiones, ASA Bulletin, Asian Dispute Review, Asian International Arbitration Journal, Belgian Review of Arbitration, BCDR International Arbitration Review, Indian Journal of Arbitration Law, International Commercial Arbitration Review, International Journal of Arab Arbitration, Journal of International Arbitration, Revista Brasileira de Arbitragem, Review de l'Arbitrage, and Spain Arbitration Review
• Journals in Kluwer Law Online Includes Arbitration, ASA Bulletin, Asian International Arbitration Journal, Journal of International Arbitration, Revue de l'arbitrage, World Trade and Arbitration Materials, and more.
• Mealey's International Arbitration Quarterly Law Review
• The Middle Eastern and African Arbitration Review
• Swiss International Arbitration Law Reports
• Vindobona Journal of International Commercial Law and Arbitration

Online Sources for General Arbitration Research

• Chambers Practice Guides: International Arbitration 2019
• GlobaLex Guide to International Commercial Arbitration
• GlobaLex Guide to Investor-State Arbitration

Arbitration Treaties

Print sources.

• International Arbitration Treaties by Loukas Mistelis, Laurence Shore, Monique Sassons, general editors ; Hans Smit, founding editor Publication Date: 2010- (Looseleaf)

Electronic Sources

• Bilateral Investment Treaties (BITs) (KluwerArbitration)
• Database of Investment Treaties (ICSID)
• International Investment Agreements Navigator (UNCTAD)
• International Arbitration: Treaties (Westlaw) Coverage begins with 1952 (Europe), 1992 (NAFTA), and 1994 (GATT).
• Multilateral Treaties (Conventions) (KluwerArbitration)
• Treaties & Rules (Investor-State Law Guide)
• UNCITRAL Texts and Status
• Uruguay Round Agreements (Worldtradelaw.net)
• WTO Legal Texts (WTO)

Arbitration Rules

• Analytical Commentary to the UNCITRAL Arbitration Rules by Peter Binder Publication Date: 2013
• Arbitrating under the 2014 LCIA Rules: A User's Guide by Maxi Scherer Publication Date: 2015 Note: This is also available as an eBook through KluwerArbitration .
• Arbitration Rules -- International Institutions by Loukas Mistelis, Laurence Shore, Stavros Brekoulakis, general editors ; Hans Smit, founding editor Publication Date: 2010 (3rd. ed., looseleaf)
• A Commentary on the LCIA Arbitration Rules 2014 by Shai Wade et al. Publication Date: 2015
• Comparison of International Arbitration Rules by Robert H. Smit Publication Date: 2013 (4th ed.)
• A Guide to the HKIAC Arbitration Rules by Michael J. Moser Publication Date: 2017
• A Guide to the ICDR International Arbitration Rules by Martin F. Gusy Publication Date: 2019
• A Guide to the SIAC Arbitration Rules by John Choong, Mark Mangan, Nicholas Lingard Publication Date: 2018 (2nd ed.)
• Institutional Arbitration: Article-by-Article Commentary by Rolf A. Schütze et al. Publication Date: 2013 Coverage: ICC rules -- DIS rules -- Vienna rules -- Swiss rules -- LCIA rules -- MKAS rules -- CIETAC rules -- SIAC rules -- KLRCA rules -- IAR -- SCC rules -- DIAC rules -- ICSID rules -- UNCITRAL rule
• IBA Rules of Evidence: Commentary on the IBA Rules on the Taking of Evidence in International Arbitration by Tobias Zuberbühler et al. Publication Date: 2012
• The UNCITRAL Arbitration Rules: A Commentary by David D. Caron Publication Date: 2013
• American Arbitration Association (AAA) International Centre for Dispute Resolution (ICDR) - Rules, Foms, and Fees
• Financial Industry Regulatory Authority (FINRA) Arbitration Rules
• International Centre for Settlement of Investment Disputes (ICSID) Convention Arbitration Rules
• International Chamber of Commerce (ICC) Arbitration Rules
• Permanent Court of Arbitration -- PCA Rules
• United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules

Arbitration Awards and Other Proceeding Documents

Arbitration awards and documents related to arbitration proceedings can be notoriously difficult to find.  Below is a list of options you can try.  To suggest other sources that are not listed below, please contact [email protected].

• ASA Bulletin (Kluwer Law International) This publication from the Swiss Arbitration Association includes arbitral awards and orders under various auspices including ICC, ICSID, and the Swiss Chambers of Commerce (“Swiss Rules”).
• Case Law on UNCITRAL Texts (CLOUT) This is a system for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the UN Commission on International Trade Law (UNCITRAL).
• CISG Database (Pace Law School Institute of International Commercial Law) Free electronic database that includes cases/awards on the CISG; can be searched or browsed by country. Also includes a UNCITRAL case digest.
• FINRA Arbitration Awards Online FINRA's Arbitration Awards database enables users to perform Web-based searches for FINRA and historical NASD arbitration awards free of charge, seven days a week. Also available through the site are historical awards for New York Stock Exchange, the American Stock Exchange, the Philadelphia Stock Exchange, and the Municipal Securities Rulemaking Board.
• Histoire sommaire et chronologique des arbitrages internationaux, (1794-1900)
• History and Digest of the International Arbitrations to Which the United States Has Been a Party 6-volume historical treatise and reporter by John Bassett Moore, published in the late 1800s and available through HeinOnline.
• ICC Court of Arbitration Bulletin Includes excerpts from ICC arbitral awards, official notes, reports and guidelines on dispute resolution practice and procedure, statistics, news, and articles by eminent arbitration specialists.
• ICSID Arbitration Cases Database Includes more than 700 cases; filtering options include case status, case type, applicable rules, stage of proceeding, dispute subject, and more.
• International Arbitration Forum Database - Awards Established in 2008, one of the biggest free online databases for lawyers and scholars seeking articles and cases related to international arbitration. Search here for arbitration awards.
• International Investment Arbitration and Public Policy (IIAPP) Includes a searchable database of investment treaty cases up to May 2010.
• International Legal Materials (ILM) ILM is a publication of the American Society for International Law. It publishes legal documents from various courts and tribunals around the world, including arbitral organizations like the ICSID arbitral tribunal.
• ITALAW Free online current awareness service for arbitration awards, decisions, and materials.
• Jus Mundi Includes arbitration awards from multiple international tribunals.
• KluwerArbitration KluwerArbitration includes an extensive database of arbitration awards issued by international arbitration tribunals, including the ICC, ICSID, ICDR, the WIPO Arbitration and Mediation Center, LCIA, Cour Permanente d'Arbitrage, AAA, and many more.
• Lloyd's Arbitration Reports Coverage = 1988-1992.
• Oxford Public International Law Database: Arbitral Cases Database of more than 1,000 arbitral awards and decisions from various sources.
• Permanent Court of Arbitration -- Cases Online database of cases heard by the PCA, including inter-state arbitrations and investor-state arbitrations.
• Reports of International Arbitral Awards Published by the United Nations. For more information about this resource, visit http://legal.un.org/riaa/ .
• World Trade and Arbitration Materials Includes reports of arbitration awards related to international trade; published several times a year.

Print Materials

• The 1958 New York Convention in Action by Marike Paulsson Publication Date: 2016 Note: This is also available as an eBook through KluwerArbitration. .
• Guide on the Convention on the the Recognition and Enforcement of Foreign Arbitral Awards by UNCITRAL Secretariat ; Emmanuel Gaillard and George A. Bermann, editors Publication Date: 2017
• New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958: A Commentary by Reinmar Wolff (ed.) Publication Date: 2012
• Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts by George Bermann (ed.) Publication Date: 2017

Online / Electronic Sources

• http://newyorkconvention1958.org/ This website was created to host information on the implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on 10 June 1958, with a view of promoting its uniform and effective application throughout the world. It provides access to the case-law from a number of jurisdictions on the application of the Convention by domestic courts as well as information on the ratification of the Convention by selected States.
• African Continental Free Trade Area (African Union)
• I-ARB (African arbitration news and information)
• MERCOSUR (Southern Common Market; South America)

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International Commercial Arbitration Research Guide

• Specialized Secondary Sources
• Introduction
• Regional & Jurisdiction-Specific Secondary Sources
• Secondary Sources: Journal Articles
• Bibliographies
• Subscription Databases
• Treaties & International Agreements
• National Legislation
• Arbitral Institutions & Arbitration Rules
• Electronic Resources
• Print Resources
• News & Current Awareness
• Professional Organization Websites
• Other Research Guides & Update History

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Specialized Resources on International Commercial Arbitration Law

In the columns below, you will find a selection of secondary sources that focus on narrower topics within the field of international commercial arbitration law.  To locate additional resources from the Georgetown Law Library's collection, use the Advanced Search and select Law Library Catalog .  Then select Subject as the search field and enter one of the following subject headings in search box:

• Conflict of laws -- Arbitration and award
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 June 10)
• International commercial arbitration

For greater precision, search for a subject heading in the first line and use the remaining lines to search for additional words or exact phrases using the default Any Field setting.

Selected Specialized Resources in Print & Online

New York Convention Resources

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Home » Blog » Dissertation » Topics » Law » International Commercial Law » 80 International Commercial Law Research Topics

80 International Commercial Law Research Topics

FacebookXEmailWhatsAppRedditPinterestLinkedInEmbarking on exploring international commercial law for your thesis or dissertation is a venture into the intricate web of legal frameworks that govern global business interactions. As students aspiring to excel in undergraduate, master’s, or doctoral studies, you can delve into a realm where legal intricacies intersect with cross-border trade, international contracts, dispute resolution, and […]

Embarking on exploring international commercial law for your thesis or dissertation is a venture into the intricate web of legal frameworks that govern global business interactions. As students aspiring to excel in undergraduate, master’s, or doctoral studies, you can delve into a realm where legal intricacies intersect with cross-border trade, international contracts, dispute resolution, and much more. These research topics in international commercial law have been selected after thorough research.

This blog post opens the door to a comprehensive compilation of research topics that span the spectrum of international commercial law, offering you a springboard to dive deep into captivating areas of study and make significant contributions to the ever-evolving landscape of global commerce.

A List Of Potential Research Topics In Corporate Law:

• The role of arbitration in resolving international commercial disputes: a comparative analysis.
• Addressing jurisdictional challenges in cross-border online consumer contracts.
• Balancing investor protection and state sovereignty in bilateral investment treaties.
• The implications of WTO dispute settlement decisions on global trade.
• Regulating cross-border data transfers: a comparative study of GDPR and other approaches.
• The role of uncitral model law in harmonizing international commercial arbitration.
• Challenges in enforcing foreign judgments in international commercial transactions.
• Examining the role of international trade law in promoting sustainable development.
• The impact of trade sanctions on international commercial agreements.
• The legal framework for cross-border mergers and acquisitions.
• The treatment of intellectual property in international investment agreements.
• Navigating tax treaties in cross-border investment: challenges and solutions.
• The regulation of e-commerce and digital trade in international law.
• The role of international commercial law in facilitating infrastructure projects.
• Cross-border insolvency: harmonization efforts and remaining challenges.
• The intersection of international human rights law and international trade law.
• Exploring the legal challenges of cross-border energy trade.
• Harmonizing international contract law: a comparative study of CISG and unidroit principles.
• Addressing environmental protection in international investment agreements.
• The implications of Brexit on international commercial contracts.
• International trade law and climate change mitigation: opportunities and obstacles.
• The role of lex mercatoria in international commercial arbitration.
• Regulating transnational corporations: the role of international law.
• Comparative analysis of international and regional investment dispute settlement mechanisms.
• Legal issues surrounding cross-border franchising agreements.
• International commercial law and the protection of indigenous knowledge and folklore.
• The role of the World Trade Organization in facilitating global trade.
• The legal framework for technology transfer in international transactions.
• The challenges of intellectual property enforcement in cross-border trade.
• International trade law and public health: balancing access to medicines and IP protection.
• Addressing corruption and bribery in international commercial transactions.
• The role of international commercial law in promoting cross-border investment in renewable energy.
• Legal aspects of international shipping and maritime trade.
• Investor-state dispute settlement in the energy sector: case studies and lessons learned.
• The treatment of state-owned enterprises in international trade law.
• The interface between international commercial law and competition law.
• E-commerce and cross-border data flow legal and regulatory challenges.
• The legal framework for cross-border transfer of personal data.
• The role of regional trade agreements in shaping global trade norms.
• The legal challenges of cross-border online advertising and marketing.
• The legal framework for cross-border supply chain management.
• International commercial law and the protection of cultural heritage.
• The implications of blockchain technology on international commercial transactions.
• The legal challenges of cross-border intellectual property licensing.
• The role of investment promotion and protection agreements in encouraging foreign investment.
• The impact of trade remedy measures on global trade dynamics.
• The legal framework for cross-border e-commerce platforms.
• International commercial law and sustainable agriculture: legal and policy considerations.
• The regulation of cryptocurrencies and digital assets in international transactions.
• The role of international commercial law in facilitating cross-border infrastructure development.
• Intellectual property and international technology transfer: legal and ethical perspectives.
• The legal framework for international trade in services.
• The challenges of cross-border taxation in the digital economy.
• The role of international law in addressing forced labour in supply chains.
• The legal implications of trade wars and tariffs on global trade.
• The regulation of cross-border financial services and transactions.
• International commercial law and cross-border investment in startups.
• The role of international trade law in addressing labour and social standards.
• Legal aspects of cross-border mergers and acquisitions.
• The implications of data localization requirements on cross-border data flows.
• International commercial law and the protection of consumer rights in cross-border transactions.
• The legal framework for cross-border transfer of technology.
• The role of bilateral investment treaties in fostering economic development.
• The challenges of cross-border dispute resolution in the financial sector.
• The legal implications of national security measures on international trade.
• The regulation of cross-border telecommunications services.
• The role of international commercial law in promoting fair competition.
• The legal framework for cross-border outsourcing and offshoring.
• International commercial law and the challenges of counterfeiting and piracy.
• The role of international law in addressing cybersecurity concerns in international transactions.
• The legal implications of cross-border tax evasion and avoidance.
• The regulation of cross-border investment in intellectual property.
• The role of international trade law in promoting cross-border investment in renewable energy.

In conclusion, these international commercial law research topics open a gateway to profound exploration. As you navigate your academic journey, these subjects offer a rich terrain for your dissertation pursuits. Whether unravelling cross-border disputes, scrutinizing trade agreements, or deciphering global business regulations, these themes lay the foundation for impactful contributions to the evolving realm of international commerce.

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International Dispute Resolution with Dissertation, LLM

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International Dispute Resolution with Dissertation

Introduction.

LLM International Dispute Resolution delivers a solid theoretical grounding in international dispute settlements, broad interdisciplinary training across specialist legal areas and the practical tools required to succeed in the field. It provides opportunities for individual study and skills development for the new generation of lawyers to rethink traditional approaches to conflict and its resolution.

Study Information

Study options.

As technology, trade and transportation have reduced the significance of borders, alternative methods of dispute resolution will increasingly be used in all economic sectors, therefore the need for highly specialised professionals in this field is rapidly expanding.

This LLM will prepare you for a career in the challenging and exciting field of international dispute resolution. It provides a solid foundation in all relevant areas, including both private and public international means of dispute resolution, and will allow you to specialise in your chosen legal field. It offers theoretical and practical courses in international commercial law, litigation, energy and investment arbitration.

You will study this programme with a dissertation to further develop your academic and research skills. This programme is also available to study online

Programme Fees

Compulsory courses.

Compulsory courses. All students must complete:

This course provides students from diverse legal and educational backgrounds with a common understanding of the core research, analytical, and writing skills which will be required for LLM-Taught courses. The course is delivered as a series of five interactive lectures with two individual assessments designed to encourage critical thinking and provide opportunities for early feedback. It also incorporates a library workshop to provide students with hands-on experience with the resources available for course and dissertation work.

30 Credit Points

The demand for international commercial arbitration has increased significantly over the last 20 years. Empirical surveys conducted consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods.

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be: (1) Arbitration Agreement and Arbitral Jurisdiction (2) The Role of the Seat (3) Applicable Substantive Law (4) The Arbitral Tribunal (5) Arbitral Procedure and Evidence (6) The Arbitral Award.

The course also provides a lecture on the introduction to international commercial arbitration.

This course, which is prescribed for all taught postgraduate students, is studied entirely online, takes approximately 5-6 hours to complete and can be taken in one sitting, or spread across a number of weeks.

Topics include orientation overview, equality and diversity, health, safety and cyber security and how to make the most of your time at university in relation to careers and employability.

Successful completion of this course will be recorded on your Enhanced Transcript as ‘Achieved’.

Optional Courses

Thereafter at least one course must be selected from LS503M International Commercial Litigation, which runs in September, or LS553T or LS552K, which both run in January.

A fourth 30 credit course may either be chosen from the courses directly above or from any other LLM Programme (excluding distance learning and professional skills courses). Please visit the Course Catalogue for details: Postgraduate Law 2022-2023 - Catalogue of Courses (abdn.ac.uk)

This course introduces international commercial litigation, the major means of commercial dispute resolution for many sectors of industry and the default means of dispute resolution against which international arbitration is positioned. The course demonstrates the relevance of a venue’s Private International Law (PIL) to its attractiveness for dispute resolution and provides advanced instruction in the relevant post-Brexit aspects of PIL to parties engaged in litigating international commercial disputes.

The complex interaction between investment protection and the sovereign right of states to regulate has been most acute in the energy sector. On the one hand, investors require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other, states can be tempted to interfere with foreign energy investments because of their strategic and social importance. This course aims to analyse if existing investment disciplines and international investment protection framework, are adapted to the specific regulatory risks that investors face in the energy landscape of the 21st Century and how best to avoid disputes and manage them.

Thereafter at least one course must be selected; either LS553T or LS552K, which both run in January, or LS503M International Commercial Litigation which runs in September.

A fourth 30 credit course may be chosen from the three options directly above or from any other LLM Programme (excluding distance learning and professional skills courses). Please visit the Course Catalogue for details: Postgraduate Law 2022-2023 - Catalogue of Courses (abdn.ac.uk)

There is limited appreciation given to the study of the state as a policymaker, legislator, and disputing party in the context of international economic law. Yet, the states have become the “investor of first-resort", while participating in an unprecedented surge of international investment disputes and international economic agreements. The course covers how international investment law interacts with the State’s regulatory powers in different economic sectors.

International commercial lawyers frequently work on contracts involving parties from different countries. Here, each one of these jurisdictions may offer a different interpretation of the same contractual provisions. This course is aimed to help commercial lawyers understand how different legal traditions offer different viewpoints on key contractual challenges. At the end of the course, students will be able to understand many of the discrepancies and similarities between legal systems, thus honing a fundamental skill for an international commercial lawyer. The course will cover a wide range of European legal systems, as well as transnational contract law mechanisms including the Principles of European Contract Law and the United Nations Convention on Contracts for the International Sale of Goods.

60 Credit Points

Between May and mid-August students prepare a 10,000 word dissertation on a topic of their choice related to their specialist LLM programme. Students are instructed through the delivery of a preparatory lecture, two supervisory meetings and a two hour dissertation planning workshop in a small group setting. Students are expected to spend considerable time on independent research throughout the course of the dissertation module, including; preparation of dissertation plan, amendment of plan in accordance with supervisory comments, preparation for the dissertation workshop, and, of course, in the final 10,000 word dissertation itself.

All students must complete:

Thereafter at least one course must be selected from LS553T or LS552K which both run in January. or LS503M International Commercial Litigation, which runs in September.

A fourth 30 credit course may either be chosen from the three options above or from any other LLM Programme (excluding LS501K, distance learning and professional skills courses). Please visit the Course Catalogue for details: Postgraduate Law 2022-2023 - Catalogue of Courses (abdn.ac.uk)

A fourth 30 credit course may either be chosen from the three options above, or from any other LLM Programme (excluding LS501K, distance learning and professional skills courses). Please visit the Course Catalogue for details: Postgraduate Law 2022-2023 - Catalogue of Courses (abdn.ac.uk)

Available Programmes of Study

Please note: Students staring their LLM programme in January write their Dissertation project during the Summer semester.

Duration: 12 months full-time. 24 months part time.

Fees for individual programmes can be viewed in the Programme(s) above.

We will endeavour to make all course options available; however, these may be subject to timetabling and other constraints . Please see our InfoHub pages for further information.

Related Programmes

You may also be interested in the following related postgraduate degree programmes.

• Dispute Resolution

Fee Information

For Dissertation Route: Two tiers: • Home /UK Students £10,000 • International Students £19,000

For Professional Arbitration Skills Route: Two tiers: • Home /UK Students £11,000 • International Students £21,000

Additional Fee Information

• Fees for individual programmes can be viewed in the Programmes section above.
• In exceptional circumstances there may be additional fees associated with specialist courses, for example field trips. Any additional fees for a course can be found in our Catalogue of Courses .
• For more information about tuition fees for this programme, including payment plans and our refund policy, please visit our InfoHub Tuition Fees page.

International Applicants

Further Information about tuition fees and the cost of living in Aberdeen

Scholarships

Self-funded international students enrolling on postgraduate taught (PGT) programmes will receive one of our Aberdeen Global Scholarships, ranging from £3000 to £8,500, depending on your domicile country. Learn more about the Aberdeen Global Scholarships here .

To see our full range of scholarships, visit our Funding Database .

How You'll Study

Learning methods include lectures, workshops, and seminars, as well as hands-on and practical skills, and advanced writing.

Learning Methods

• Group Projects
• Individual Projects

Assessment Methods

You will be assessed through a combination of exams, essays and group presentations.

Why Study International Dispute Resolution with Dissertation?

This programme will equip you with an enhanced understanding of commercial, trade, and energy law, as well as the expertise required to resolve legal problems from a social justice perspective.  A key feature of this programme is the combined training in specialist legal areas with the skills needed to effectively resolve disputes, offering maximum benefit to students upon graduation.

The programme has been carefully coordinated to align with the competencies required for today’s international job market. Studying LLM International Dispute Resolution at the University of Aberdeen will give you the opportunity to examine a diverse number of exciting topics under the guidance of our world-class teaching staff, who regularly provide consultancy work at an international level. This particular programme was designed in collaboration with experts in dispute resolution.

Interested in this programme?

What our students say, graham cottingham.

I have found Course Coordinators prompt and attentive in responding to queries arising along the way.

Entry Requirements

Qualifications.

The information below is provided as a guide only and does not guarantee entry to the University of Aberdeen.

Entry requirements differ slightly depending on the qualification you choose. LLM, PGDip, PGCert • A 2:1 (upper-second) honours degree (or equivalent) in Law. You can also apply if you have: • a 2:1 honours degree (or equivalent) in another discipline • or significant relevant professional experience.

Please enter your country to view country-specific entry requirements.

English Language Requirements

To study for a Postgraduate Taught degree at the University of Aberdeen it is essential that you can speak, understand, read, and write English fluently. The minimum requirements for this degree are as follows:

IELTS Academic:

OVERALL - 6.5 with: Listening - 5.5; Reading - 5.5; Speaking - 5.5; Writing - 6.0

OVERALL - 90 with: Listening - 17; Reading - 18; Speaking - 20; Writing - 21

PTE Academic:

OVERALL - 62 with: Listening - 59; Reading - 59; Speaking - 59; Writing - 59

Cambridge English B2 First, C1 Advanced, C2 Proficiency:

OVERALL - 176 with: Listening - 162; Reading - 162; Speaking - 162; Writing - 169

Read more about specific English Language requirements here .

Document Requirements

You will be required to supply the following documentation with your application as proof you meet the entry requirements of this degree programme. If you have not yet completed your current programme of study, then you can still apply and you can provide your Degree Certificate at a later date.

• Information about visa and immigration requirements

Aberdeen Global Scholarship

Eligible self-funded post graduate taught (PGT) students will receive the Aberdeen Global Scholarship. Explore our Global Scholarships, including eligibility details, on our dedicated page.

This programme is ideal for students aiming to work as policy makers, government officials, adjudicators, arbitrators, mediators, judiciary, legal practitioners, researchers and academics, surveyors, construction professionals, and the financial and accounting professions.

We are Top 100 in the World for Law

Our Law School is ranked in the Top 100 globally, according to the Times Higher Education World University Subject Rankings 2022.

5th in the UK for Law

Our Law School is ranked 5th in the UK of 105 providers for Overall Student Satisfaction (National Student Survey 2022).

Top 10 UK Law School

We are ranked Top 10 in the UK for Law by the Times and Sunday Times Good University Guide 2024.

Our Experts

The University of Aberdeen is renowned for attracting world-class teaching staff, unrivalled in their breadth of knowledge and experience in their specialist subjects. You will have access to first rate teaching from highly respected staff, many with an international profile, including members of the Centre for Commercial Law

Many of our courses are designed and delivered by practicing experts. We have guest speakers from top law firms as well as national and international organisations.

Information About Staff Changes

You will be taught by a range of experts including professors, lecturers, teaching fellows and postgraduate tutors. Staff changes will occur from time to time; please see our InfoHub pages for further information.

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Commercial Law Dissertation Topics

Published by Alvin Nicolas at January 2nd, 2023 , Revised On August 15, 2023

It is often said that commercial law covers a broad study area since it cannot be studied exclusively in one legal jurisdiction. However, England and Wales are preferred as commercial centers, especially for arbitration as a dispute resolution procedure.

In light of these points, the following list contains some commercial law dissertation topics for your convenience.

List of Commercial Law Dissertation Topics

• A conversation about how well English and Welsh commercial law supports business transactions intends to assess whether reform is necessary.
• Is the Vienna Convention on Contracts for the International Sale of Goods (CISG) more appropriate for international agreements than English and Welsh law concerning the sale of goods?
• An evaluation of the effectiveness and efficiency of the international commercial arbitration system to resolve commercial disputes.
• An evaluation of how the European Union has responded to Brexit regarding the acceptance of commercial contract principles in England and Wales.
• Assess England and Wales’s Lex Mercatorian as a suitable basis for commercial arbitration procedures.
• An analysis of the UK’s anti-corruption laws. Government personnel are affected by its causes and effects.
• An examination of the corporate veil’s weaknesses and how the law can pierce it
• The success of UK legislation in overcoming corporate barriers while upholding basic human rights.
• An examination of the debates surrounding the application of Section 33 of the UK Companies Act of 2006
• Tthe effects of giving the director’s responsibilities minimal standards. How does the company thrive in this environment?
• An evaluation of personal property security about possessory and non-possessory kinds of security and other legal tools.
• An examination of the emergence of fresh examples of international business law.
• An examination of the tripartite financial system established in England and Wales and its potential contribution to the credit crunch.
• An assessment of the position of the European Union Sale of Goods Act in English and Welsh law following the conclusion of Brexit
• An analysis of the passing of risk under English and Welsh business law.
• A legal evaluation of the function of commercial law in upholding public-private partnerships in the light of the collapse of Carillion.
• An analysis of commercial law programs at top UK institutions.
• The contribution of UNCITRAL to the UK’s efforts to harmonies international business law.
• A study of the legal literature concerning the UK’s compliance with international trade legislationand the role of international business law in directing financial investments in the UK.
• International commercial law’s role in policing foreign investments in the UK’s energy sector.
• The effects of commercial law on the UK railroad industry.
• The impact of UK business transaction rules on bills of lading. Do banks help organizations effectively?
• A thorough analysis of commerce with landlocked nations. Is it a plot by successful businesspeople to get rid of affordable alternatives?
• An examination of whether the insolvency rules of England and Wales are adequate to address occurrences of insolvency.

The topic you choose for your dissertation will influence your instructor. You would be able to distinguish yourself from others, which is also beneficial in the business world. However, it can be challenging to come up with a unique topic for a business law dissertation . To help you with your job, we have teams of legal and dissertation experts on hand. Additionally, you can use one topic from the aforementioned commercial law dissertation topics .

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Frequently Asked Questions

How to find commercial law dissertation topics.

To find commercial law dissertation topics:

• Review recent legal developments.
• Analyze business challenges and regulations.
• Explore unresolved legal issues.
• Consider international perspectives.
• Investigate contractual disputes.
• Choose a topic aligning with your career aspirations.

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Dissertations / Theses on the topic 'Arbitration and award Dispute resolution (Law)'

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Consult the top 50 dissertations / theses for your research on the topic 'Arbitration and award Dispute resolution (Law).'

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Fung, Wing Sze. "Dispute resolution for intellectual property disputes on designing and issuing collectibles." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445924a.pdf.

Wong, Kai Ming. "Stay for arbitration in construction disputes." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052203a.pdf.

Cheu, Yu Kok. "Dispute resolution in Hong Kong Fire Services Department." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454246a.pdf.

Holgate, Mark. ""Is the international regime of the Arbitration Ordinance compatible with the right to court access under the Basic Law?"." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843247a.pdf.

Suen, Chee-hang Henry. "A selection model of dispute resolution systems for construction professionals /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B25950034.

Jacyk, David William. "Arbitration in WTO disputes : the forgotten alternative." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32137.

Kirunda, Solomon Wilson. "Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2438_1254403625.

The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade.

Ndimurwimo, Leah Alexis. "An evaluation of the dispute resolution mechanisms of conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/753.

Shiu, Lawrence Mateo. "Can arbitration resolve disputes arising from online activity? online auctions and other related activities /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454325a.pdf.

Ho, Dik Hong Duncan. "The practice and effectiveness of international dispute resolution platforms in the protection of intellectual property rights." access full-text access abstract and table of contents, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22013696a.pdf.

Lo, Anthony Po-wing. "Whether and in what manner the due process of law principles should be applied to the Arena of ADR." access abstract and table of contents access full-text, 2003. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b18508492a.pdf.

Yeung, Jackson Kit Shing. "Can arbitration & ADR be practically adopted in resolving disputes for oil & gas trading in mainland China?" access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20835917a.pdf.

Torgbor, Edward Nii Adja. "A comparative study of law and practice of arbitration in Kenya, Nigeria and Zimbabwe, with particular reference to current problems in Kenya." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80182.

Pang, Oi Ling Irene. "Dispute resolution for construction contracts adopting the 1999 general conditions of contract of the HKSAR deficiencies in the GCC /." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21847691a.pdf.

Wong, Wai Chiu. "Investment of advanced technologies in China the roles of ADR institutions and Chinese courts in conflicts resolution and awards enforcement /." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052409a.pdf.

孫子恒 and Chee-hang Henry Suen. "A selection model of dispute resolution systems for construction professionals." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31251717.

Tse, Lai Yee Lily. "WTO dispute settlement mechanism implementation issues and the way forward /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454386a.pdf.

Malamis, Daniel Scott Christos. "The justice of Dikê on the forms and significance of dispute settlement by arbitration in the Iliad." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1002162.

Li, Hon-ling Regina. "China's new company law : a study of its impact on foreign investment /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17982182.

Diakite, Ansoumane Douty. "Settlement of international investment disputes by arbitrationp: an analysis of the challenge of inconsistency in the outcomes of investment arbitrations between investors and states and the available remedies." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1943651.

李翰玲 and Hon-ling Regina Li. "China's new company law: a study of its impact on foreign investment." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31267506.

Schütz, Jürg Gian. "Mediation und Schiedsgerichtsbarkeit in der Schweizerischen Zivilprozessordnung : eine Untersuchung zur Streitbehandlungslehre: Verfahrensvergleich und -auswahl anhand gesetzlich geregelter Alternativen zum staatlichen Zivilprozess--Mediation, Schiedsgerichtsbarkeit und deren Hybridisierung /." Bern Stämpfli, 2009. http://deposit.d-nb.de/cgi-bin/dokserv?id=3407542&prov=M&dok_var=1&dok_ext=htm.

Tao, Yang. "Remedies in WTO dispute settlement mechanism : a study of scope, ambit, effectiveness of the mechanism and the proposals for future reform." Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637073.

Chan, Wai-kwok Justus. "Is arbitration the most suitable means for solving disputes in the construction industry? dispute resolution model before arbitration /." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843065a.pdf.

Sianondo, Clavel. "Arbitration practice in Zambia : the process and its legal impediments." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20794.

Falsafi, Alireza. "Applicable law in state contracts : the drive to create a supranational legal regime in international arbitral dispute settlement." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19623.

Lau, Kin-ho Lewis. "The role of alternative dispute resolution methods in the construction industry and the application of these methods in Hong Kong /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B25948155.

Pfumorodze, Jimcall. "WTO dispute settlement: challenges faced by developing countries in the implementation and enforcement of the Dispute Settlement Body (DSB) recommendations and rulings." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6761_1219309592.

Aims of the research paper is to examine the legal framework  of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant    is a developing country.

Musukubili, Felix. "A comparison of the South African and Namibian labour dispute resolution system." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1040.

Gerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.

Carlson, Melanie A. "The Corporate Exploitation of Fundamental Rights: A Nation of Arbitration." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1507.

Ng, Wai Hong. "A comparative study on negotiation and mediation and the preferential trend of negotiation in dispute resolution in public works construction contracts in the Hong Kong Special Administrative Region." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b2083424xa.pdf.

Girao, La Rosa Juan Carlos. "Economic labor arbitration as a conflicts resolution mechanism in Peru." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123858.

Van, Gorp John D. "Binding arbitration and the summary trial with binding decision : a comparison of the two methods in resolving disputes." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02Jun%5FVanGorp.pdf.

Moin, Donya. "Toward an appropriate dispute settlement method for resolving petroleum expropriation disputes : treaty-based arbitration or mediation?" Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236001.

Musukubili, Felix Zingolo. "Towards an efficient Namibian labour dispute resolution system : compliance with international labour standards and a comparison with the South African system." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018942.

Sánchez-Arriaga, Alejandro. "Dispute settlement understanding of the WTO : implications for developing countries." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81233.

Alrajaan, Turki. "The Saudi Arbitration Law 2012 assessed against the core principles of modern international commercial arbitration : a comparative study with the model law and Scots law." Thesis, University of Stirling, 2017. http://hdl.handle.net/1893/28039.

Lau, Kin-ho Lewis, and 劉健豪. "The role of alternative dispute resolution methods in the constructionindustry and the application of these methods in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31251468.

Gathongo, Johana Kambo. "Labour dispute resolution in Kenya: compliance with international standards and a comparison with South Africa." Thesis, Nelson Mandela Metropolitan University, 2018. http://hdl.handle.net/10948/23980.

Al, Hamed Mohammed A. A. "Electronic arbitration as a solution for electronic commerce dispute resolution in the United Arab Emirates : obstacles and enforceability challenges." Thesis, University of Gloucestershire, 2016. http://eprints.glos.ac.uk/4353/.

Al-Obaidli, Jassim Mohammed A. A. "Arbitration law in Qatar : the way forward." Thesis, Robert Gordon University, 2016. http://hdl.handle.net/10059/1564.

Allie, Shouket. "Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law." University of the Western Cape, 2020. http://hdl.handle.net/11394/7632.

Shortall-Page, Lisa Claire. "Towards a modern role for the tort system in environmental law : can alternative dispute resolution processes improve access to environmental justice in the tort system?" Thesis, University of Birmingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368650.

Nweke, Chuks Petrus. "A Case Study Investigating the Interpretation and Implementation of the Transformative Mediation Technique." ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/959.

Hussain, Anwaar. "Status of non-governmental entities and dispute settlement mechanism of the WTO : an analysis with special reference to amicus brief controversy." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80930.

Friedel, Lukáš. "Rozhodčí řízení - nová cesta řešení obchodních sporů." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-18178.

Hurtado, Falvy Juan Manuel. "From the Decision Conciliation to the Dispute Resolution Board: Notes in relation to the Dispute Resolution Board as a New Method of Conflict Resolution for a Formalized Work Contract Under the scope of the New Public Procurement Law." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117996.

Macionytė, Daiva. "Tarptautinių privatinių ginčų sprendimas arbitraže. Privalumai ir trūkumai." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20061212_122938-91473.

Lahouazi, Mehdi. "Le développement des modes alternatifs de réglement des différends dans les contrats administratifs." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3056.

• Military theory
• Cultural Theory
• Political Theory
• Control Science and Engineering
• Power Engineering
• Mechanical Manufacturing and+Automation
• Materials Science
• Literary Theory
• Theory of art
• Bridge and Tunnel Engineering
• Computer Software and Theory
• Art of Design

In traditional international business arbitration , domestic law of the arbitrating place is undisputable authority . However, arbitrating country’s law has been seriously challenged by delocalization and there has been a trend of arbitration procedure away from the arbitrating place’s law with the development of international business arbitration .This article argues the delocalization theory has many things to do with the modernization of arbitration law . The reasonable elements of the theory have been accepted by more and more countries in their legislation and practice . Our country’s arbitration law ought to adopt the development.This essay is consist of six chapters. The preface and the first chapter of this essay deliberate the popular theory on the international business arbitration both home and abroad. That is the delocalisation theory, including its concept, characters, appearance, development, and the different names of the theory and the relations between them.The second chapter of this essay introduces the practice of the localization theory in detail. It includes four parts: the practice in the international legislation; the practice in the domestic legislation; the practice in ICC; the practice in the international arbitration and the domestic judicature of different countries.The third chapter of this essay is about the comment and analysis on the delocalisation theory. From five different fields, the author gives a detailed comment and analysis about the delocalisation theory in the international commercial arbitration.The fourth chapter concerns the recognition and enforcement of thedelocalised arbitral awards. It is also consist of four parts, including its concept, classification, characters, models and performing mechanism. From five countries’ practice, the essay gives a detailed investigation on the enforceability of the delocalised arbitral awards. The essay also makes a minute theoretical analysis about the enforceability of the delocalised arbitral awards.This essay holds that the online arbitration must has something to do with the delocalisation theory. They must act on each other . This essay also talks about how to determine the procedural law applicable to online arbitration and how to annul and recognize and enforce an online arbitral award.The thesis finally discusses the relations between the delocalisation theory and our country’s arbitration system concerning foreign nationals. It sets forth the practice of the delocalisation theory in China. A personal viewpoint is offered to expound how to apply the delocalisation theory in China.

• On the Recognition and Enforcement of Foreign Arbitral Awards of procedural rules ,D925.1
• On the Perfection of the arbitration proceedings ,D925.7
• On the \ ,D997.4
• ICC international court of arbitration in our country for the recognition and enforcement of the award ,D997.4
• On the construction and perfection of the Rules of Evidence in International Commercial Arbitration in China ,D997.4
• Judicial Review of International Commercial Arbitration ,D997.4
• Review on the Extension of Validity of Arbitration Agreement in International Commercial Arbitration ,D997.4
• Arbitral Awards Recognition and Enforcement in China ,D925
• On foreign and Hong Kong, Macao and Taiwan regions recognition and enforcement of arbitral awards ,D997.4
• On the judicial supervision of Arbitral Awards ,D997.4
• Public Order Reservation System ,D997
• Interim Measures in International Commerical Arbitration ,D997.4
• Research on Jurisdiction of International Commercial Arbitration ,D925.7
• Research on Foreign Capital Mergers and Acquisitions Review ,D925
• On Application of the Law of International Commercial Arbitration Agreement ,D997.4
• Flaws in International Commercial Arbitration Arbitration Agreement and its remedies ,D997.4
• Delivery System in International Commercial Arbitration ,D997.4
• A Study on the Seat of Arbitration in International Commercial Arbitration ,D925.7
• Malicious Use of the Arbitration Process and Its Regulation ,D925.7
• Interim Measures in International Commercial Arbitration ,D997.4
• Research on the Patent Trend Based on the Data Mining ,G306
• Research on the Military Garrison of the Warring States Period
• On the Indeterminacy of Translation
• Research and Application of SVG Dynamic Reactive Power Compensation and Harmonic Suppression Device
• Differences and Causes of the the New Sensationism novels
• Study on the Emulsion Stability and Treatment of the Polymer-flooding Produced Water
• The Study of Land-expropriated Peasants’ Social Security System in China
• The Researeh of Intra-industry Trade of China’s Automotive Industry
• Study on the Effective Biomarkers of Genetic Damage in Workers Who Occupationally Exposed to Benzene
• Research on Classroom Silence Phenomenon of Middle School Students
• The Environment Education In Cultural Views
• Preparation and Photoelectric Properties of Graphene-based Nanocomposites
• Research on the Theory and Device of Grating Spectrome R
• The Design and Biomechanical Research of Transoral Anterior Atlantoaxial Locking Anatomic Plate (TLAP)
• Research on the Out-of-plane Stability of CFST Solid Rib Arches
• The Study on Shareholder Qualifications Inheritance of Limited Liability Company and Protection Discussion
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• China's home appliance industry, e-commerce applications and the Countermeasures
• Insulin on islet β cells and phosphorylation of phospholipase Cγ1 level of expression
• Research on Jonathan Kalle's literary theory paradigm
• Study on Accounting Measurement Mode for Environment Value of Dwelling House

Kluwer Arbitration Blog

10 hot topics for international arbitration in 2017.

2016 was an important year for international arbitration. Lord Chief Justice of England and Wales challenged the legitimacy of international arbitration , while supporters such as former Chief Justice of the High Court of Australia (Robert French AC) came forward to defend its coexistence with commercial courts . Several institutions such as ACICA , SIAC and KCAB updated their arbitration rules for 2016, while SCC and ICAC introduced new rules for 2017. SIAC also released its draft Investment Arbitration (IA) Rules , followed by a public consultation process and finally enactment of its new rules . Several institutions published detailed practice notes and statistics: HKIAC , SIAC , LCIA , SCC and the ICC updated its note on the conduct of arbitration. The year concluded with Hong Kong and Singapore reforming their respective laws in order to allow for third party funding arrangements – arguably one of the most important developments in 2016.

This article discusses 10 key areas which will continue to play a significant role in further developing international arbitration beyond 2020.

1. Transparency

In response to the 2015 Queen Mary International Arbitration Survey , several institutions were seen as leading the international arbitration arena by publishing detailed practice notes and statistics in 2016. It is highly likely that this will continue in 2017, as the purpose of these practice notes is to clarify certain provisions and respond to market changes – such as recent developments regarding third party funding in Singapore and Hong Kong. Both jurisdictions will need to supplement their existing rules with practice notes shortly. However, it is worth noting that several provisions in the 2017 SIAC IA Rules already address these developments. They are discussed in a previous article . 2. Arbitrator Selection Process

Although largely ignored over the years, this area will likely be explored in 2017, though developments are unlikely to surface until at least 2018. Institutions are hesitant to disclose, let alone discuss, the selection process as it leads to significant debate among arbitrators, law firms, and academics. What cannot be denied is that it is inherently difficult to assess whether parties are in a better position to appoint arbitrators, or whether the task should be left to the arbitral institution – as the answer will depend on the experience of the parties.

Developments in this area could vary from the release of practice notes with basic guidelines, to publishing an arbitrator selection framework – where institutions would implement their own guidelines in order to clarify the various factors that must (or should) be considered before an arbitrator is appointed. The other, more difficult, option is to wait for a multilateral framework. Though only soft law, it would be comparable to the IBA guidelines on conflicts of interest in international arbitration – which emphasise best practice.

3. Investment Arbitration Rules

On 1 January 2017 SIAC released the first edition of its IA Rules. This modern set of investment arbitration rules are quite different to the ICSID Rules , as they are a hybrid of commercial and investment arbitration rules. It will be interesting to observe whether a significant number of parties will now settle disputes with SIAC, as opposed to ICSID. In 2017, global arbitration conferences will undoubtedly discuss and evaluate these developments. Beyond 2017, some institutions may follow suit, though most will be proud to highlight that they will remain commercial dispute resolution centres.

4. Third Party Funding

Both Singapore and Hong Kong have reformed laws which previously prohibited third party funding arrangements. On 10 January 2017, the Singapore Parliament passed a bill allowing for third party funding for arbitrations in Singapore. On 11 January 2017, Hong Kong similarly introduced a bill to its Legislative Council (LegCo) with Mr Rimsky Yuen SC moving the second reading of the bill. Developments in both jurisdictions indicate that their respective governments are strong supporters of international arbitration. Litigation funders in both jurisdictions have been gearing up for work over the last year, and this area will continue to be discussed heavily at global arbitration conferences in 2017.

5. Rise in Financial Institution Arbitration

The ICC Commission on Arbitration and ADR published a comprehensive report in November 2016 titled ‘ Financial Institutions and International Arbitration ’. The Report concluded that many institutions have, in large part, failed to fully embrace international arbitration as a viable dispute resolution method. The report has been discussed in a previous article . The HKIAC was quick to invite the co-chair of the ICC task force on Financial Institutions and International Arbitration to present at an event in December 2016 . These developments will lead to institutions targeting a broader set of clients from 2017 onwards. Once financial institutions recognise the commercial benefits associated with international arbitration, they will undoubtedly provide global arbitral institutions with lucrative dispute resolution work.

6. Potential Appeal Mechanism (by consent)

One of the benefits of arbitration over litigation is that it does not allow for appeals. Arbitration has always encouraged finality, to ensure that parties can resolve their disputes swiftly and with certainty. Critics, who tend to discourage resolving disputes via arbitration, may argue that justice cannot truly be achieved without an appeal process. In response to question 14 of the questionnaire that the ICC’s distributed before it published its ‘ Financial Institutions and International Arbitration ’ report, some institutions expressed an interest in an appeal process subject to two broad conditions: that the consent of all parties is obtained at an early stage, and that certainty is not undermined. While the first of these is achievable, it will be difficult (if not impossible) to achieve certainty if an appeal process is introduced.

7. Sanitising Arbitral Awards

Another perceived advantage of resolving disputes via arbitration is confidentiality, which inevitably comes at the expense of precedent. Precedent not only ensures consistent decisions, but also promotes certainty. The ICC report also found that several financial institutions viewed confidentiality as being less important than precedent, particularly where disputes related to syndicated lending and derivatives. The report also reminds readers that although an arbitration is private, it is not expressly confidential according to the ICC Rules. The UNCITRAL rules are also silent as to confidentiality, but publication is addressed in Art 34.5. Other institutions have strict provisions that deal with confidentiality and publication: Article 42 in the 2013 HKIAC Rules, Article 22 in the 2016 ACICA Rules, and Rule 24.4 of the 2016 SIAC Rules. Interestingly, SIAC has taken an extra step to confirm that the tribunal may issue an order or award for sanctions or costs if a party breaches their confidentiality obligations in Rule 39.4. Also worth noting is that the 2017 SIAC IA Rules have provided greater clarity with respect to publishing of awards in Rule 38. Confidentiality, and more specifically publication, provisions are likely to be reformed in all new international arbitration rules from 2017 onwards. More sanitised awards will also be published by institutions.

8. A Shift to the East

It is no secret that Hong Kong and Singapore have become some of the most frequently used jurisdictions for international arbitration within the last 5 years. This is due to a multitude of reasons, some of which include: both jurisdictions being competent in administering a high volume of cases as well as high-value disputes, strong panels of arbitrators, state-of-the-art facilities, geographic convenience, modern arbitral rules, and most importantly a supportive judiciary and government. In 2016, both experienced sharp growth, and this is likely to continue beyond 2017. 9. Diversity in International Arbitration

Another area which has received little attention is diversity, particularly among arbitrators and with respect to both gender and ethnicity. They key question that needs to be asked is: why is diversity still an issue when there has been a significant increase in the use of international arbitration globally? Other discussions need to focus on the impact this may have on the tribunal’s orders and awards, solutions such as quotas, as well as how current obstacles can be overcome. Arbitral Women is an organisation that was set up to address this gender imbalance, and has almost 1000 members in over 40 countries. The non-profit Arbitrator Intelligence also claims that it will ‘facilitate increased diversity in arbitrator appointments’. For greater discussion on this topic, refer to another post which discusses a recent survey on diversity which was published in January 2017.

10. Appropriate use of: Emergency Arbitration, Summary Dismissal, Expedited Procedure, Joinder and Consolidation

Most institutions are reforming their old rules in order to include these innovative procedures. As each serves a unique purpose, they are not automatically relevant to every dispute. In 2017, global arbitration conferences will likely discuss the most recent provisions such as SIAC’s Early Dismissal of Claims and Defences (Rule 29) and SCC’s Summary Procedure (Article 39). Joinder, consolidation and emergency arbitration have already received a fair amount of attention since around 2013.

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