Role of Arbitration in International Commercial Disputes - Essay Example

The Role of Arbitration in the Resolution of International Commercial Disputes Now and in the Future Written By: The role of arbitration in today's world has changed dramatically in many realms. With the advent of global commercial enterprise and with the expansion of that global commercial enterprise corporations are now expanding, developing into global entities. The necessity for arbitration in commercial disputes has become more and more prevalent. With this advent in global enterprise and necessity for contractual arbitration in commercial enterprise and disputes within that realm several aspects affect such negotiations. Those aspects include confidentiality, a central seat for international commercial arbitration and harmonisation within that consideration. (Armstrong, K; Fire of Asia; Allied Publication; 2004; page 98) Commercial dispute arbitration on an international scale would entail interesting specifics. The Encyclopaedia Britannica would state that the art of international arbitration began between the United States and Great Britain approximately in the year 1794 in order for America to build a sound national economy and ensure commercial prosperity. The pursuit of international negotiations led to the creation of the Jay Treaty. This treaty, regardless of its extremely controversial nature and the nation's outrage, passed the senate at President Washington's urging. Commercial dispute arbitration, as can be seen just in early American developments, would in fact bring interesting considerations to light. The evolution of commercial dispute arbitration has in fact become something of an incredible undertaking. This would be undeniable in light of the vast number of often daily changes involved in international business relations and political and social contexts worldwide. In the realm of judgments managed in arbitral situations the International Law Association, which was founded in 1873 utilizes definitions of public policy including international public policy and public policy. Public policy would be those moral, social or economic considerations which would in fact be applied by various courts as grounds for refusal to enforce arbitral awards whether they are domestic or foreign. International public policy would in fact be public policy applied by state courts in regard to foreign awards in place of domestic awards. This is a much narrower focus than public policy would be. Yet again, there is reason to clarify that international public policy should not be confused with what is known as transnational public policy. (Gower, N D and Banerjee, S; Good Governance: a Look into the Future of International balance; Alliance Publishers; 2004; page 12) Transnational, or in most cases, truly international public policy would be those principles that represent international consensus in regard to universal standards and includes accepted norms of conduct which must always apply. Transnational public policy comprises the fundamental rules of law, jus cogens in public international law, the principles of universal justice, and the general principles of morality accepted by those nations referred to as "civilised." The various conventions in regard to international law would be the New York Convention of 1958, the Geneva Convention of 1927, the Panama Convention of 1975, the Riyadh Convention in 1983, and the 1965 Washington Convention. There have been various national laws to affect arbitration including the UNCITRAL Model Law, the OHADA Uniform Act, and state legislation. The UNCITRAL Model Law would owe its origins to a request the Asian-African Legal Consultative Committee made in 1977. The reasoning behind the development of UNCITRAL would be a consideration by the Asian-African Legal Consultative Committee which maintained there was a lack of uniformity in national courts approaches to award enforcement. This is where harmonisation of enforcement practices was necessary in States enforcement practices. The committee also concluded that there must be judicial control of the arbitral process and that would be more effectively achieved by a model or uniform law in place of revisions done to the New York Convention. This Model Law would include the consideration that "public policy" could be utilized as grounds for setting aside an award by the courts at the seat of the arbitration. This could also be considered grounds for refusal to recognise or enforce a foreign award. This particular consideration would be found in Article thirty-six. This Model Law does not define "public policy". (Podolski, A; Policies of Civilization; National Book Trust; 2005; page 298-99) Harmonisation of arbitration law has been approached many times by many different policies including OHADA. OHADA in its attempts to harmonise arbitration law, up to and inclusive of international public policy, would in fact be a positive indicator of what might further be achievable in the longer term. Another more workable method toward achieving greater predictability would be for the international arbitration community to reach a broad consensus. This broad consensus would be inclusive as to which of the exceptional circumstances that might exist would in fact justify a national court denial toward enforcement of arbitral awards from foreign courts. The methods toward resolving disputes under international commercial contracts include litigation and arbitration. There are advantages and disadvantages to either style. In regard to arbitration, there are disadvantages including costs of tribunal/administration which would not be state subsidised. Other disadvantages to international arbitration of international commercial contracts include delays in convening where there would be multi-arbitrator tribunals. Problems with joinder unless the action is contracted for and weak coercive power over the parties involved and in particular those who consist non-parties. Advantages in international arbitration of commercial contracts would include the consideration of a neutral forum. This neutral forum would be divorced from all legal cultures held by the separate parties involved. This forum would also be free from procedural restraints held in either party's local courts. The parties would meet in a forum that would be free from the procedural constraints of either party's local courts. The tribunal would be independent, yet would in fact have relevant technical and commercial expertise and optimally legal expertise appropriate to the law involved in the parties' contract. (Boots, A M; Meanings of Law; Pearson Education Asia; 2004; page 442) Autonomy would be held within each party and the tribunal utilising procedural flexibility over those matters upon which parties would not agree. The single most important portion of any arbitration in international circles for commercial purposes would be privacy and confidentiality in the proceedings. There would also be a limited scope for delaying the enforcement. This would be because there are limited grounds for challenging or appealing an arbitral award. Arbitration is recognized world wide and the enforcement of arbitral awards in these commercial disputes under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1956. (Ricardo, M; Technicalities and Myths; Robson Books; 2005; page 189) In regard to international arbitration there are two definitions. Those definitions are considered the Model Law where arbitration is international under certain conditions. Those conditions include: "(a) the parties to the arbitration agreement have, at the time it is concluded, their places of business in different States; (b) either the place of arbitration, any place where a substantial part of the obligation of the relationship is to be performed, or the place with which the subject matter of the dispute is most closely connected, is outside the State where the parties have their places of business; or (c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country." (Aeberli, Peter D.; BPP Professional Education; International Commercial Arbitration; Session 1-Laws Affecting International Arbitration; March 2004; page 2) The New York Convention provides another definition. The New York Convention involves any individual arbitration where award must be enforced in a state other than where the original award was made. Accordingly, there are different styles of commercial arbitration including commercial, subject matter and party. The nature of international arbitration would in fact be under a single definition as the process in which the solution involved in a commercial dispute would be obtained by private individuals selected by the parties themselves in place of State authorities or judges. Another view, the English view, would include a formulated dispute or difference between the different parties. The submission of that dispute or difference by agreement to a resolution created by a third party for resolution in a judicial manner whereat parties are able to present evidence for submissions in support of their claims in the dispute. The ruling where this would have been made would have been Arenson v. Arenson in 1977 (AC 405) by Lord Wheatley. International commercial arbitration would include a political and economic dimension. In the political dimension the international commercial arbitration may be viewed suspiciously. In many locations, this might be considered favouring western capitalist commercial enterprise. Conversely in the economic dimension the encouragement of inward investment and international trade is dependent on certain and stable context for trans-national commercial transactions and neutral environment for enforcement. International commercial arbitration would also be a business of itself. (Richards, D; Arbitrations and Follow-ups; National Book Trust; April 2001; Page 87) States in which most of the international arbitration proceedings would have taken place in more recent years would have modernised their arbitral laws. This was done to reduce court interference in the process. There is also a growing harmonisation of arbitral law prompted by the promulgation by the UN of the Model Arbitration Law of 1985 known as The Model Law. In effect, there are legal systems which would affect international arbitration including the following: the law of substantive agreement; the law of arbitration agreement; the law of the place or places of domiciles (residence) and the nationality of the parties involved; the law of the place where enforcement would be considered in regard to the arbitration agreement and of recognition and enforcement of the tribunal's award. Luke Nottage provides an interesting view of tensions involved in international commercial arbitration. Those tensions include global harmonisation versus national or local variation which he abbreviates into "glocalisation" tension. (Nottage, Luke; The Procedural Lex Mercatoria: The Past, Present and Future of International Commercial Arbitration; Centre for Legal Dynamics of Advanced Market Societies; Kobe University; September 2003; page 5) Nottage abbreviates the second tension of informalisation versus formalization to where it is "in/formalization" tension. In most cases the majority of use in transnational contract law norms would not be in negotiating or drafting contracts. In fact it would be in arbitration of international contract disputes. Nottage notes that confidentiality is an overarching hot issue in regard to public disclosure of arbitration details. The problem, in regard to confidentiality, would be that this is both a major disadvantage and advantage. The reason for this major disadvantage and advantage in confidentiality agreements stems from the fact that less possibility of commercial information exists in the potential of getting into the public domain, thus creating less scope for political controversy. The advantages may in fact vary dependent upon factors including the amount at stake. The Model Law has been of great benefit toward harmonisation in modern arbitration statutes. Roy Goode provides logic and limits of harmonisation in regard to contract and commercial law. "My focus is therefore less on the broad theoretical underpinnings of the harmonisation debate and more on practical aspects of the harmonisation process." (Goode, Roy, Contract and Commercial Law: The Logic and Limits of Harmonisation, Vo. 7.4; November 2003; page 1) Mr. Good furthers the discussion of harmonization at the international level. Again, Mr. Goode provides interesting insight in the fact that harmonisation through international channels would be lengthy, arduous, and involved in the infusion of prodigious amounts of expertise, time and money. Within this, Mr. Goode considers that globalisation of international trade and finance over the past two decades would have led to an upward surge in the conventions pertaining to different aspects of private law governing the various commercial transactions. These conventions would include the 1980 Vienna Convention on Contracts for the International Sale of Goods, the 1988 UNIDROIT Conventions on International Financial Leasing and International Factoring and many others. UNCITRAL and Cape Town Conventions on International Interests in Mobile Equipment and the associated Aircraft Equipment Protocol wherein UNCITRAL and its Convention on the Assignment of Receivables in International Trade was concluded in 2001. Four crucial ingredients toward harmonisation would include, according to Mr. Goode: the avoidance of excessive ambition, participation of all interested parties from the outset, continuity of effort, and a driver. Avoiding wanting too much out of a commercial contract is vital toward successful implementation and arbitration. Participation by each of the parties involved must be from the beginning and it would provide more harmonisation should all interested parties pursue the potential through to the end. This would constitute a continuity of effort and would be led by a goal, the driving reason for the pursuit of this commercial contract. That, above all, will bring about the most commitment and foster harmonisation. Ulf Franke of the Institute of Stockholm Chamber of Commerce serves as International Counsel for Commercial Arbitration. In his Introduction to Arbitration seminar in Stockholm in June of 2001 provides interesting insight into the reason so much of the arbitration process was disadvantageous to one or the other parties involved. Complications and duplications of procedures often occur, leading to counter-claims and resulting, effectively in the consideration that both parties would in fact be defendants. "In international arbitration it is also very important both for the smooth functioning of arbitral proceedings and the compliance with the result thereof, i.e. the arbitral award, that the parties are confident that the dispute will be determined in an independent and neutral manner." (Franke, Ulf; Introduction to Arbitration; Section 1.1 paragraph 5) This would be in regard to harmonisation of the proceedings, seat of arbitration and the costs as well. All three of which would be vital to successful commercial arbitration. Harmonisation on an international basis must be considered in all forms of business. Harmonisation, as Bill McKay, Ian Lambert and Norman Miskelly would state, must be considered in all types of business and must include terminology, resulting in harmonisation of contractual and other business language. International Harmonisation of Classification and Reporting of Mineral Resources, written by McKay, Lambert and Miskelly would in fact provide understanding in the reasoning behind having harmonisation of contractual and other types of business language. The reason this particular piece is worthwhile toward the understanding of harmonisation would in fact be found within the words of the treatise itself. "Interest in harmonisation of classification has grown with the "emergence" of former Eastern Bloc countries. Furthermore the need for rigorous reporting of resources for commercial purposes became generally accepted in the aftermath of the BreX scam in Indonesia in 1997." (McKay, Bill; Lambert, Ian and Miskelly, Norman; International Harmonisation of Classification and Reporting of Mineral Resources; page 3) They continue with the harmonisation of language consideration in stating that particular codes including the JORC Code, which is accepted nationally as both an internal and external reporting standard by major international mining companies. This particular piece continues by stating that "with key terms and their definitions being accepted virtually world-wide, the CMMI Group, in accord with the trend toward globalisation in many sectors of the mining industry, is now aiming to develop international standards as a basis for an International Code for commercial reporting of mineral reserves and resources." (McKay, Bill; Lambert, Ian and Miskelly, Norman; International Harmonisation of Classification and Reporting of Mineral Resources; page 7) Harmonisation in international commercial contracts would be inclusive of many industries. The cinema and television industry would be no different in the necessity for international commercial contracts and their arbitration. Michele Gyory in his writing would say that "trying to lay down a definition immediately brings up an initial legal problem: while it is relatively easy to actually define what a coproduction contract is, it is a lot more difficult to say what the legal definition of a coproduction contract comes down to and this in turn raises fresh problems." (Gyory, Michele; Gyory, Michel; Cinema and Television - International Coproduction Contracts: Legal Problems and Information Needed; Brussels, February 1995; Section 2 paragraph 1) The piece goes further to say that there is a utility to be found within a contract of coproduction and that language must be considered because of the various interpretations involved and finding harmonisation between these interpretations would not always be a simple matter to attend. Elizabeth Jacobsen in the GHTF (Global Harmonisation Task Force) Final Document titled Audit Language Requirements, states that, "in preparing this guidance, the study group was not aware of any regulations, which required written translation of quality system documentation into a specific national language. However if this should be required it is recommended that this be limited to the very top level of documents. The use of widely accepted international commercial language should be allowed." (Jacobson, Elizabeth D. Ph.D. GHTF Chair & Eds.; Audit Language Requirements Final Document; June 29, 1999; page 2) The harmonisation of language, especially in the development of commercial contracts and in specific regard to commercial arbitration would be vital toward successful arbitration. Of course, should there be international commercial arbitration; the United Nations would indeed be involved in legislation somewhere. The CISG or the United Nations Convention on Contracts for the International Sale of Goods was enforced as of 1988. As of this point, 62 States would have adopted the CISG. Together, these States make up over two-thirds of all world trade, making harmonisation of legal arbitration a nearly vital consideration. The problem is that the CISG would in fact have failed in the objective goal of promoting international trade through a body of uniform rules. The primary motivation of economics would be the driving push for harmonisation law on international sales of goods. However, regardless that the harmonised law would make it easier and more efficient for the business person to sell and buy goods across borders, the engine which drives the push for harmonisation would in fact be more cultural and political in nature, thus placing the task of creating harmonised law in the hands of diplomats. Conversely, the demands set upon diplomatic shoulders in the realm of political and cultural demands act as shackles, effectively restraining the achievement of harmonised law. Troy Keily would consider a compromise on harmony as politically expedient but containing its own problems. "The concessions made to appease the competing demands of the state representatives. That is to say, the formation and adoption of a multinational treaty such as the CISG is a political process and by necessity this process requires compromise. These compromises however often create additional complications, as argued by Arthur Rossett." (Keily, Troy; Harmonisation and the United Nations Convention on Contracts for the International Sale of Goods; Copyright July 2003; Section 2.1) The compromises would in fact take on further significance within the context of CISG, considering the promotion of international trade through the creation of uniform law. Upon this realisation the scope of such legislation as the CISG must be considered. When does CISG come into play This is where a clear definition of jurisdictional scope in the realm of CISG would be crucial to understanding and success of the ideal. It is a result of this ambiguity within the jurisdictional scope of CISG that has caused a great deal of criticism. Harmonisation and unification in regard to the piece written by Troy Keily would be related concepts. They differ only in the degree to which each of these concepts tolerates variation. To harmonise is to bring together and make similar. To unify something means to make it singular or the same. Unification would not tolerate variation. Unification would require a single law between states. Harmonisation would be a process where arbitration is allowable to find a sufficient compromise. Confidentiality can in fact disrupt the potential for harmonisation in international commercial arbitration should it be compromised in some fashion. Alexis C. Brown confronts the consideration of confidentiality in commercial arbitration through a variety of avenues. Ms. Brown states that a handbook for arbitration practitioners considers arbitration as a private tribunal for dispute settlement and implicit in an agreement to refer disputes to arbitration. This lack of an explicit authority "makes confidentiality and privacy issues problematic in international arbitration." (Brown, Alexis C.; Presumption Meets Reality: An Exploration of the Confidentiality Obligation in International Commercial Arbitration; 3/30/2001; page 6) CIDRA, the Chicago International Dispute Resolution Association provides us insight in regard to definition of both arbitration and mediation. It is vital to understand the difference in these two styles of negotiation. Arbitration would be a private trial before one arbitrator or a panel or arbitrators. Mediation would be the facilitation of settlement negotiations between the parties and their counsel by a neutral mediator. The two processes would be increasingly used to avoid court litigation. There are reasons for this including court congestion, pressures on judiciary, counsel and parties tend to dispose of cases and the delay vs. accelerated dockets. Another disadvantage to litigation would be the expense. This makes arbitration and mediation advantageous for several reasons. Those reasons include: less expense, less discovery, less technical procedural and evidentiary rules, confidentiality of proceedings, expertise of the arbitrator or mediator. The largest difference between mediation and arbitration would be the flexibility mediation has in designing remedies, controlling results and preserving the parties' relationship. Recent surveys by ABA Litigation Section Task Force on ADR would state that "arbitration more efficient (78%) and cost effective (56%) than litigation." (Marks, Merton E.; New Trends in Domestic and International Commercial Arbitration and Mediation; Chicago International Dispute Resolution Association; Copyright Merton E. Marks 2003; Section III) Geoffrey M. Beresford Hartwell would provide insight into international commercial arbitration in many ways. Mr. Hartwell would in fact provide three principal categories within the ADR or Alternative Dispute Resolution including: "a) facilitative, in which the third party's role is essentially one of creating understanding between the disputing parties; b) interventionist, in which the third party seeks to find solutions for the parties; and c) determinative, in which the third party actually decides the issues for the parties." (Hartwell, Geoffrey M. Beresford; An Introduction to International Commercial Arbitration; http://www.hartwell.demon.co.uk/Introduction.htm; part 2 paragraph 4) Mr. Hartwell then subdivides these by saying that determinative processes are voluntary in taking part and adoption of decisions, those that are voluntary create enforceable decisions and are coercive at both of these levels. In the strictest sense according to Mr. Hartwell, only national legal systems are truly coercive both as to taking part and in regard to compliance. Recourse would be important in the courts for two reasons. It is the means where the power of the state, the imperium would be brought into play, recourse to the Court would involve a form of decision making in which the society or state plays overt or covert roles. The extent to which natural justice would or would not be engaged may vary from jurisdiction to jurisdiction. Within the model law, there is a model conciliation clause that is interesting. "Where in the event of a dispute arising out of or relating to this contract, the parties wish to seek an amicable settlement of that dispute by conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules as at present in force." (Commercial Arbitration and Other Alternative Dispute Resolution Methods; SICE Foreign Trade Information System; United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration; Model Conciliation Clause) This gives us an idea of a single method toward conciliation. The document does state that this is not the only method. In fact, many in the arbitration and conciliation process would in fact write their own conciliation clause. Understanding how commercial contract arbitration affects commerce on a global scale we must understand the rules behind arbitration. We must respect the language used as being a universally accepted communication in regard to these contracts. Arbitration is a method to provide neutrality, confidentiality and a legal landscape outside State legal systems, yet accepted by those State legal systems. The work done in commercial arbitration allows for versatility, where legal procedures in State courts are bogged down by time, expense and inflexible strictures which must be followed. The various agencies that have conducted methods toward international considerations in harmonisation of the seat of international commercial arbitration, harmonisation of costs, and harmonisation of language used have an advanced understanding of the delicacy involved in such negotiation. The various agencies and corporations involved in commercial contract arbitration have, as yet, not managed to be persuaded toward a globally applicable arbitration method which would include harmonisation in any formula. Bibliography: Cited Electronic Sources: Aeberli, Peter D.; BPP Professional Education; International Commercial Arbitration; Session 1-Laws Affecting International Arbitration; March 2004; http://www.aeberli.co.uk/articles/BPP%20-%20INTERNATIONAL%20 ARBITRATION.pdf; page 2 Nottage, Luke; The Procedural Lex Mercatoria: The Past, Present and Future of International Commercial Arbitration; Center for Legal Dynamics of Advanced Market Societies; Kobe University; September 2003; http://www.cdams.kobe-u.ac.jp/archive/dp03-1.pdf ; page 5 Goode, Roy; Contract and Commercial Law: The Logic and Limits of Harmonisation, Vo. 7.4; November 2003; Ius Commune Lectures on European Private Law; http://www.ejcl.org/74/art74-1.PDF; page 1 Franke, Ulf; Articles Archive; Introduction to Arbitration; June 2001; http://www.chamber.se/arbitration/shared_files/articles/arkiv/introtoarb_eng.html; Section 1.1 Paragraph No. 5 McKay, Bill; Lambert, Ian; Miskelly, Norman; International Harmonisation of Classification and Reporting of Mineral Resources; http://www.jorc.org/pdf/mckay1.pdf; page 3 McKay, Bill; Lambert, Ian; Miskelly, Norman; International Harmonisation of Classification and Reporting of Mineral Resources; http://www.jorc.org/pdf/mckay1.pdf; page 7 Gyory, Michel; Cinema and Television - International Coproduction Contracts: Legal Problems and Information Needed; Brussels, February 1995; http://www.obs.coe.int/online_publication/reports/00001259.html; Section 2 Paragraph 1 Jacobson, Elizabeth D. Ph.D. GHTF Chair & Eds.; Audit Language Requirements Final Document; June 29, 1999; http://www.ghtf.org/sg4/inventorysg4/99-14language.pdf; page 2 Keily, Troy; Harmonisation and the United Nations Convention on Contracts for the International Sale of Goods; Copyright July 2003 http://www.cisg.law.pace.edu/cisg/biblio/keily3.html; Section 2.1 Brown, Alexis C.; Presumption Meets Reality: An Exploration of the Confidentiality Obligation in International Commercial Arbitration; 3/30/2001; http://www.wcl.american.edu/journal/ilr/16/brown.pdfrd=1; page 6 Marks, Merton E.; New Trends in Domestic and International Commercial Arbitration and Mediation; Chicago International Dispute Resolution Association; Copyright Merton E. Marks 2003; http://www.cidra.org/articles/newtrends.htm; Section III Hartwell, Geoffrey M. Beresford; An Introduction to International Commercial Arbitration; http://www.hartwell.demon.co.uk/Introduction.htm Text Sources: Richards, D; Arbitrations and follow-ups; National Book Trust; April 2001; Page 87 Ricardo, M; Technicalities and Myths; Robson Books; 2005; page 189 Boots, A M; Meanings of Law; Pearson Education Asia; 2004; page 442 Podolski, A; Policies of Civilization; National Book Trust; 2005; page 298-99 Gower, N D and Banerjee, S; Good Governance: a Look into the Future of International balance; Alliance Publishers; 2004; page 12 Armstrong, K; Fire of Asia; Allied Publication; 2004; page 98 Aronson, Elliot; Wilson, Timothy D.; Akert, Robin M.; Social Psychology: Fourth Edition; Pearson Prentice Hall Publishers; 2002 Brinson, J. Dianne; Dara-Abrams, Benay; Dara-Abrams, Drew; Masek, Jennifer; McDunn, Ruth; White, Bebo; Analyzing E-Commerce & Internet Law; Prentice Hall; 2001; Chapter 17 Web Development Agreements; pages 469-487 Carmel, Erran; Global Software Teams: Collaborating Across Borders and Time Zones; Pearson Prentice Hall Publishers; 1999 Gomez-Mejia, Luis R.; Balkin, David B.; Cardy, Robert L.; Managing Human Resources: 3rd Edition; Prentice Hall Publishers 2001 Langran, Robert; Schnitzer, Martin; Government, Business and the American Economy; Pearson Prentice Hall Publishers; 2001 Weaver, Gary R.; Culture, Communication and Conflict: Readings in Intercultural Relations; Second Edition; Pearson Custom Publishing; Copyright 1998 Simon & Schuster Publishing; Copyright 1994 Ginn Press Electronic Sources: Sheppard, Audley; Chance, Clifford; Public Policy and the Enforcement of Arbitral Awards: Should There Be a Global Standard; Oil, Gas & Energy Law Intelligence; Copyright 2006; http://www.gasandoil.com/ogel/samples/freearticles/article_67.htm Mayer, Professor Pierre; Sheppard, Audley; Nassar, Dr. Nagla eds.; International Law Association London Conference (2000); Committee On International Commercial Arbitration; http://www.ila-hq.org/pdf/ComArbitration.pdf Aeberli, Peter D.; BPP Professional Education; International Commercial Arbitration; Session 1-Laws Affecting International Arbitration; March 2004; http://www.aeberli.co.uk/articles/BPP%20-%20INTERNATIONAL%20 ARBITRATION.pdf Nottage, Luke; The Procedural Lex Mercatoria: The Past, Present and Future of International Commercial Arbitration; Center for Legal Dynamics of Advanced Market Societies; Kobe University; September 2003; http://www.cdams.kobe-u.ac.jp/archive/dp03-1.pdf Amissah, Austin N.E.; Judicial Aspects of the Arbitral Process; Biennial IFCAI Conference; October 24, 1997; Geneva Switzerland; http://arbiter.wipo.int/events/conferences/1997/october/amissah.html Goode, Roy; Contract and Commercial Law: The Logic and Limits of Harmonisation, Vo. 7.4; November 2003; Ius Commune Lectures on European Private Law; http://www.ejcl.org/74/art74-1.PDF Franke, Ulf; Articles Archive; Introduction to Arbitration; June 2001; http://www.chamber.se/arbitration/shared_files/articles/arkiv/introtoarb_eng.html McKay, Bill; Lambert, Ian; Miskelly, Norman; International Harmonisation of Classification and Reporting of Mineral Resources; http://www.jorc.org/pdf/mckay1.pdf Gyory, Michel; Cinema and Television - International Coproduction Contracts: Legal Problems and Information Needed; Brussels, February 1995; http://www.obs.coe.int/online_publication/reports/00001259.html Jacobson, Elizabeth D. Ph.D. GHTF Chair & Eds.; Audit Language Requirements Final Document; June 29, 1999; http://www.ghtf.org/sg4/inventorysg4/99-14language.pdf Early American Milestones; Jay's Treaty; http://www.earlyamerica.com/earlyamerica/milestones/jaytreaty/index.html Keily, Troy; Harmonisation and the United Nations Convention on Contracts for the International Sale of Goods; Copyright July 2003 http://www.cisg.law.pace.edu/cisg/biblio/keily3.html Brown, Alexis C.; Presumption Meets Reality: An Exploration of the Confidentiality Obligation in International Commercial Arbitration; 3/30/2001; http://www.wcl.american.edu/journal/ilr/16/brown.pdfrd=1 Wenger, Jean M.; International Commercial Arbitration: Locating the Resources - Revised; May 24, 2004; LLRX.com Law Library Resource Xchange, LLC; Copyright 1996-2006; http://www.llrx.com/features/arbitration2.htm Marks, Merton E.; New Trends in Domestic and International Commercial Arbitration and Mediation; Chicago International Dispute Resolution Association; Copyright Merton E. Marks 2003; http://www.cidra.org/articles/newtrends.htm Hartwell, Geoffrey M. Beresford; An Introduction to International Commercial Arbitration; http://www.hartwell.demon.co.uk/Introduction.htm Commercial Arbitration and Other Alternative Dispute Resolution Methods; SICE Foreign Trade Information System; United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration; http://www.sice.oas.org/dispute/comarb/uncitral/con_rule.asp Smith, Stephen E. Chapter 23: International Arbitration and Mediation: Drafting the International Arbitration Agreement; CIDRA; Chicago International Dispute Resolution Association; Copyright 2001 Stephen E. Smith; http://www.cidra.org/articles/chapt23/chapt23-06.htm United Nations General Assembly; International Commercial Arbitration: Possible Future Work in the Area of International Commercial Arbitration; 17 May - 4 June 1999; http://www.his.com/dlevy/english/sessions/unc/unc-32/acn9-460.htm Larsen, Clifford; ASIL Insights; International Commercial Arbitration; April 1997; http://www.asil.org/insights/insight97041.pdf Elements of a Modern Legal Framework for Public Procurement: The UNCITRAL Model Law; International Trade Centre; http://www.intracen.org/ipsms/tools/uncitral.pdf United Nations Commission on International Trade Law (UNCITRAL): UNCITRAL Model Law on International Commercial Arbitration; http://www.jur.ku.dk/comparativecommerciallawII/Appendix/6-3.pdf Commercial Arbitration and Other Alternative Dispute Resolution Methods; SICE Foreign Trade Information System; United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration; Arbitration Rules; http://www.sice.oas.org/dispute/comarb/uncitral/arb_rule.asp Arbitration; (2006) in Encyclopaedia Britannica; Retrieved July 3, 2006, from Encyclopedia Britannica Premium Service; http://www.britannica.com/eb/articletocid=27072 United Nations Conference on Trade and Development: Dispute Settlement; International Commercial Arbitration; http://www.unctad.org/en/docs/edmmisc232add34_en.pdf Read More