List of International Arbitration Institutions

Rate this item
(0 votes)

A.  International Chamber of Commerce (ICC) (http://www.iccwbo.org)
The dispute resolution procedures of the International Chamber of Commerce specifically target international business disputes.  ICC arbitrations are confidential and offer the parties the choice of arbitrators, place of arbitration, rules of law, and language of the proceeding. The ICC has several dispute resolution mechanisms. The current ICC Rules of Arbitration (http://www.iccwbo.org/court/arbitration/id4199/index.html) are available in PDF and HTML formats in 13 languages.  In force as of january 1, 2012, the 2012 Rules of Arbitration can be found in English, Portuguese, Spanish, French and German.  Model or Suggested Clauses (http://www.iccwbo.org/court/arbitration/id4114/index.html) for each of the ICC's dispute resolution procedures can be used in contracts and business agreements. The ICC Model Arbitration Clause is available on the Web site in over 35 languages.

B.  International Court of Arbitration (ICA)   (http://www.iccwbo.org/court/arbitration/id4400/index.html)[In English, Spanish, French]
The International Court of Arbitration was established in 1923 as the arbitration body of the ICC.  It has administered over 17,500 arbitration cases involving parties and arbitrators from about 200 countries and territories.   The ICA oversees the arbitration process and regularly reviews the progress of pending cases.  One of the Court's most important functions is to scrutinize and approve all arbitral awards.  A detailed explanation of the ICA arbitral process is available in English (http://www.iccwbo.org/uploadedFiles/Court/Arbitration/810_Anglais_05.pdf).
The ICA Awards page (http://www.iccwbo.org/court/arbitration/id4096/index.html) lists sources for redacted extracts of ICC arbitral awards.  These are available by subscription.  The ICC International Court of Arbitration Bulletin,  published since 1990,  contains previously unpublished extracts from ICC awards with commentaries as well as articles.  To find out where an award has been published, you can enter the case number in a search box on the Awards page.  

C.  Permanent Court of Arbitration (PCA) (http://www.pca-cpa.org)[In English and French] ; International Council for Commercial Arbitration (ICCA) (http://www.arbitration-icca.org)
Located in The Hague, the Permanent Court of Arbitration "administers arbitration, conciliation, and fact finding in disputes involving various combinations of states, private parties, and intergovernmental organizations."  It was established in 1899 by the Convention for the Pacific Settlement of International Disputes,  (http://library2.lawschool.cornell.edu/pca/1899english.htm). The 1899 Convention was revised at the second Hague Peace Conference in 1907 (http://www1.umn.edu/humanrts/instree/hague1-1910.html). The Permanent Court of Arbitration was formed to handle arbitrations exclusively involving states, but since 1992 it has broadened its mandate to include disputes involving states and private parties, as well as disputes involving international organizations.  Over 110 states are parties to one or both of the Conventions. A complete list of Contracting States and Accession Information (http://www.pca-cpa.org/showpage.asp?pag_id=1038) can be found on the Web site.

The site's "Basic Documents" (http://www.pca-cpa.org/showpage.asp?pag_id=1067) page includes links to the conventions, rules, and model clauses, among other items. Its modern rules of procedure are based on the UNCITRAL Arbitration Rules. Different rules may be used depending on the nature of the parties or the nature of the dispute. This reflects the accessibility of the PCA. There are various Optional Rules of Procedure  for arbitrating disputes between two states; for disputes between two parties of which only one is a State; for disputes relating to natural resources and the environment; for disputes involving international organizations and states; and for disputes between international organizations and private parties.

Also on the "Basic Documents" page is a link to the PCA's Model Clauses  for arbitrating  different types of disputes.

There is some free online access to case and award information in the form of selected summaries of Past and Pending Cases (http://www.pca-cpa.org/showpage.asp?pag_id=1029).  But the PCA is "gradually making its historic  [i.e., very early] arbitral awards and related documents available electronically on the Hague Justice Portal ( http://www.haguejusticeportal.net/ecache/DEF/5/251.htm ).  Print and online materials  are available for purchase or subscription from Kluwer Law International (http://www.kluwerlaw.com).

International Council for Commercial Arbitration (ICCA) (http://www.arbitration-icca.org/index.html) houses its editorial staff on PCA premises. The ICCA produces some of the arbitral publications  that are published by Kluwer Law.  The ICCA is devoted to promoting international arbitration and other forms of dispute resolution.  It holds conferences and congresses for the presentation of papers and the discussion of topics related to international dispute resolution.  It publishes, with the help of the PCA, the "International Handbook on Commercial Arbitration" and the ICCA Congress Series.  It also participates in the preparation of the UNCITRAL Arbitration Rules, Model Arbitration Law and other documents.  It is governed by a council of members from 32 countries.

D.  London Court of International Arbitration (LCIA) (http://www.lcia.org)
Established in 1892, the London Court of International Arbitration is one of the oldest and most wide-ranging of the arbitral institutions.  Although based in London, it administers arbitrations worldwide, for all parties, and for disputes arising under all types of commercial transactions.  It also acts as the appointing authority and administrator in UNCITRAL Rules cases.  While the LCIA maintains a set of arbitrators, parties are free to nominate their own arbitrators.

The LCIA Arbitration Rules  can be found by clicking on "Arbitration Rules" on the home page. They are intended for use in the widest range of commercial disputes, both domestic and international and under any system of law and are designed to promote flexibility, efficiency, and cost control.  The LCIA also provides recommended arbitration clauses for inclusion in contracts; click on "Recommended Arbitration Clauses" on the home page.  The rules are available in 9 languages.

The LCIA Arbitration Court was created in 1985 and is the final authority for the proper application of the LCIA Rules. Its principal functions are the appointment of tribunals, the determination of challenges to arbitrators, and the control of costs. It is made up of up to 35 members, of whom no more than 6 may be of U.K. nationality.  Click on LCIA on the home page for links to the rules and recommended clauses.  Awards are not published.

E.  World Intellectual Property Organization - Arbitration and Mediation Center (WIPO Arbitration and Mediation Center (http://arbiter.wipo.int/center/)
Based in Geneva, the WIPO Arbitration and Mediation Center was established in 1994 to offer alternative dispute resolution options for private parties involved in international commercial disputes. Entertainment, technology, and other types of intellectual property disputes are particularly suitable for WIPO arbitration, but all types of international commercial disputes may be brought before theCenter. The procedures are open to any person or entity, regardless of nationality or domicile. They may be held anywhere in the world, in any language, and under any law chosen by the parties, and they are confidential.

The Center's Web page is textual, extremely easy to use, and has well-placed FAQs with simple but thorough explanations of how theCenter operates and what kinds of disputes are arbitrated.  The basic arbitration documents include:

Arbitration Rules (http://arbiter.wipo.int/arbitration/rules/index.html) Available in English, French,  German and Spanish.
Expedited Arbitration Rules (http://arbiter.wipo.int/arbitration/expedited-rules/index.html) Available in English,  French, German and Spanish.

Recommended WIPO Contract Clauses and Submission Agreements  (http://arbiter.wipo.int/arbitration/contract-clauses/clauses.html). 

The Web site gives an overview (http://arbiter.wipo.int/center/caseload.html) of the WIPO caseload and links to a few summaries(http://arbiter.wipo.int/arbitration/case-example.html) of selected examples, but no parties are named.

F.  International Centre for Settlement of Investment Disputes (ICSID) (http://www.worldbank.org/icsid/index.html)

Created in 1966 to facilitate the settlement of investment disputes between member governments and foreign members who are nationals of other member governments, ICSID is an autonomous organization with close ties to the World Bank. It was established under the Convention on the Settlement of International Disputes Between States and Nationals of Other States. (http://icsid.worldbank.org/ICSID/ICSID/RulesMain.jsp).  The Convention and other basic documents appear on the Web site in English, Spanish, and French. To date, some, 155 countries (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDDocRH&actionVal=ContractingStates&ReqFrom=Main) have signed the Convention .

All ICSID members are also members of the World Bank, and the expenses of the ICSID Secretariat are funded by the Bank. Dispute costs are borne by the parties involved. Application to the ICSID for arbitration is voluntary, but once the process starts, the parties cannot withdraw. In addition, all member ICSID states  are required to recognize and enforce an ICSID arbitral award even if they are not parties to the dispute.

ICSID has issued Rules of Procedure for Arbitration Proceedings (http://icsid.worldbank.org/ICSID/ICSID/RulesMain.jsp).  A set ofAdditional Facility Rules (http://icsid.worldbank.org/ICSID/ICSID/AdditionalFacilityRules.jsp) authorizes the ICSID to administer some proceedings outside the scope of the Convention (such as where either party is not a member) and for disputes that are not strictly investment in nature.

Investment contracts between member states and investors from other states often provide for ICSID arbitration through Model Clauses (http://icsid.worldbank.org/ICSID/FrontServlet?actionVal=ModelClauses&requestType=ICSIDDocRH).  Other means of advance consent to ICSID arbitration can be found in investment laws and over 2,000 Bilateral Investment Treaties (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDPublicationsRH&actionVal=ViewBilateral&reqFrom=Main) . 
Information on arbitral awards and cases is also available. Clicking on ICSID Cases (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=ShowHome&pageName=Cases_Home) leads to pending and concluded cases.   Among the information given: case name, case number, subject matter, date of arbitration registration, date of constitution of the tribunal, composition of the tribunal, outcome of the proceeding, and either citations or links to any published decisions made during the process.  There are  links to online full-text decisions for more recent cases.  Online Decisions and Awards  (http://icsid.worldbank.org/ICSID/FrontServlet?RequestType=CasesRH&reqFrom=Main&actionVal=OnlineAward)  as well as links to publicly available information on the decisions and awards rendered in ICSID cases.

Also available on the Web site is the ICSID Bibliography (http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDBibliographyRH&actionVal=ViewArticleAndBooks), which presents over 600 citations on texts related to the Convention, such as where to find translations of the Convention in different languages. It also has an extensive list of books and articles on the ICSID and on investment disputes.

G.  World Trade Organization (WTO) (http://www.wto.org) In English, Spanish, and French
With more than 150 members (http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm), the World Trade Organization is a global institution that deals with the rules of trade between nations. Its objective is to help trade flow  freely and predictably. To do this, it has formulated agreements that result from negotiations among members. The  Uruguay Round negotiations (1986-1994) resulted in about 60 agreements  (http://www.wto.org/english/docs_e/legal_e/legal_e.htm). One of the WTO's tasks is to settle trade disputes; it has administered arbitrations since its creation in 1995. The main agreement for settling disputes that resulted from the Uruguay Round is the Dispute Settlement Understanding (http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm), which is the responsibility of the Dispute Settlement Body.

On the WTO Web site is a section called Understanding the WTO: Settling Disputes(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm), which describes clearly and in detail the WTO dispute resolution process and which makes a good starting point for WTO research.  According to the explanation, a dispute arises when one country adopts a trade policy or takes an action that one or more fellow WTO members considers in violation of the WTO agreements. A third group of countries can declare that they have an interest in the case. Dispute settlement procedures under the WTO follow a fixed set of timetables that are described here. A case should normally not take more than about a year. If it is appealed, the time may be extended to 15 months. In addition, rulings are automatically adopted unless the country that wants to block the ruling persuades all other WTO members to share its view. If a country continues to break an agreement, then some kind of penalty, such as trade sanctions, can be imposed.

"Understanding the WTO: Settling Disputes is" sub-divided into three sections. The first , "a unique contribution" (http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm) explains  the dispute settlement process. The second, "the panel process" (http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp2_e.htm), presents a diagram of the process. Finally, there is a "case study" (http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp3_e.htm), a detailed look at how the timetable worked in an actual dispute.

The Dispute Settlement Gateway screen (http://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm) gives the user different options for finding actual cases and arbitrations and related official documents.

You can browse a list of cases by year and case number, where short descriptions are given  (http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm). Click on a case  number to go to a screen that has a summary and options for viewing or downloading the related  documents.

It is also possible to browse cases and rulings by subject (http://www.wto.org/english/tratop_e/dispu_e/dispu_subjects_index_e.htm). Click on a  subject to be taken to a list of cases; click on the case number to get to viewing and  downloading options.

If you want to know the kinds of disputes a particular country has been involved in, go to the Disputes rulings by countrypage (http://www.wto.org/english/tratop_e/dispu_e/distabase_wto_members1_e.htm).   Not  only do you get a breakdown by country, but you also get links to the different  documents such as panel reports and appellate body reports that are currently available on  the Web site. Not every ruling is accompanied by a full-text document.

For more information on the World Trade Organization, see ASIL Guide to Electronic Resources for International Law - International Economic Law (http://www.asil.org/iel1.cfm).

H.  Arbitration Institute of the Stockholm Chamber of Commerce (SCC) (http://www.sccinstitute.com/uk/Home/) [Web site is in four languages]
One of the older arbitral bodies, the Arbitration Institute of the SCC was established in 1917 and was recognized in the 1970's by the US and USSR as a neutral center for the resolution of East-West trade disputes.  It has since expanded to arbitrate disputes in over 40 countries.  Its Arbitration Rules (http://www.sccinstitute.com/?id=23718 )) are available in 8 languages.  It has also issued Model Clauses (http://www.sccinstitute.com/?id=23710) in 8 languages.

I. American Arbitration Association (AAA) (http://www.adr.org); International Centre for Dispute Resolution (ICDR)  (http://www.adr.org/International)
The American Arbitration Association is a private, nonprofit organization that was founded in 1926 and that is now one of the world's leading dispute resolution bodies.  It has offices in the United States, Mexico and Europe (http://www.adr.org/Offices).  Its area of coverage is broad.  In 1996, the AAA established the International Centre for Dispute Resolution (ICDR) to handle international cases of arbitration and mediation.  It has 62 cooperative agreements with arbitral institutions in 43 countries.  Its 7000 arbitrators represent over 40 languages. The AAA Web site has information for each of the focus areas, which may include subject-specific arbitration rules and procedures.

There is also a page for archived rules.  (http://www.adr.org/sp.asp?id=28827)

J.  Court of Arbitration for Sport (CAS) (http://www.tas-cas.org)[French and English]
Created in 1984 due to the growing importance of sports on the world stage, the Court of Arbitration for Sport seeks to facilitate the arbitration or mediation of sports-related disputes by means of procedural rules that have been specifically adapted to the sports world.  Its arbitrators are legal and sports experts.  Based in Lausanne, Switzerland, the CAS hears disputes of either a commercial or disciplinary nature.  Cases may be referred to the CAS by athletes, sports federations, organizers of sports events, sponsors or television companies.  The CAS has developed several types of procedures:  1) ordinary arbitration procedures for disputes resulting from contractual relations or torts; 2) appeals arbitration procedures for disputes resulting from decisions of sports organizations; and 3) a consultation procedure where the CAS is asked to issue an advisory opinion on legal issues related to sports.  This opinion is not an award and is not binding.  The CAS also establishes non-permanent tribunals for major events like the Olympics, for which it developsspecial rules (http://www.tas-cas.org/adhoc-rules) .

The Code of Arbitration for Sport (http://www.tas-cas.org/statutes) governs the organization and arbitration procedures of the CAS.  There are standard clauses (http://www.tas-cas.org/clause-templates) for ordinary and appeals arbitration procedures. Decisions (http://www.tas-cas.org/recent-decision)  have recently been added to the web site.

K.   National Arbitration Forum (NAF) (http://www.arbforum.com)
Established in 1986, the NAF has a roster of  neutral arbitrators made up of legal professionals. It provides services in each of the 50 states as well as the U.S. territories and 35 foreign countries.  Its Web site has an Arbitration Code of Procedure (click on the tab labeled Programs and Rules, select Forum Arbitration and then Code of Procedure from the dropdown menu).  In English and Spanish.

L.  Chamber of Arbitration of Milan [Camera Arbitrale di Milano] (http://www.camera-arbitrale.it/)

A part of the Chamber of Commerce of Milan, Italy, the Chamber of Arbitration  of Milan administers proceedings for both national and international arbitrations.  It specializes in disputes in the handicraft field.  See its Arbitration Rules(http://www.camera-arbitrale.it/consulta.php?sez_id=68&lng+id=14)) and recent arbitral awards (http://www.camera-arbitrale.it/consulta.php?sez_id=17&lng_id=14). The Web site is in English, French and Italian.

M.  Inter-American Commercial Arbitration Commission (IACAC) (http://www.sice.oas.org/dispute/comarb/iacac/iacac1e.asp)
The Inter-American Commercial Arbitration Commission administers a system for settlement, by arbitration or conciliation, of international commercial disputes throughout the western hemisphere.  To promote its system, the Commission works to obtain the ratification of the member countries of the Inter-American Convention on International Commercial Arbitraton(http://www.oas.org/juridico/English/sigs/b-35.html) and the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (http://www.jus.uio.no/lm/un.arbitration.recognition.and.enforcement.convention.new.york.1958/).        The Web site is in 4 languages.

N.  Austrialian Centre for International Commercial Arbitration (ACICA) (http://www.acica.org.au)
Established in 1985, ACICA aims to support and facilitate international arbitrations and to promote Sydney and Australia as a venue for international commercial arbitration.  The home page links to its arbitration rules and clauses under the "Services" tab..

O.  International Institute for Conflict Prevention & Resolutions (CPR)  (http://www.cpradr.org)
CPR was founded in 1979 as the Center for Public Resources from a coalition of corporation general counsel to identify and apply alternative solutions to disputes.  Today it is a membership-based nonprofit alliance of global corporations, law firms, scholars, and public institutions with a panel of arbitrators that has mediated thousands of cases worldwide.  Approximately 4000 operating companies have pledged (http://cpradr.org/About/Membership/CPRsMembers.aspx) to explore alternatives to litigations with other members.  For arbitration clauses and rules, click on the tab "Clauses and Rules" on the home page.

Read 3318 times Last modified on Wednesday, 07 December 2016 14:14
Shanghai Lawyer

Call Mr. Peter Zhu at +86 188 19019636, a Senior Shanghai lawyer, for free preliminary consultation. Email: peterzhulaw@hotmail.com

Get into touch

Our Shanghai lawyers offer free preliminary consultation through phone call and email. All inquires will be addressed.

Call Shanghai lawyer at:
+86 18819019636

Email us at:
peterzhulaw@hotmail.com

You are here: International Arbitration List of International Arbitration Institutions