World Arbitration Reporter (WAR)

Price: $1,395.00 7000 pages. 8 Looseleaf Volumes. Updated Annually.
ISBN-13: 978-1-929446-24-7 / ISBN-10: 1-929446-24-1

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About the Set:
This respected treatise provides unparalleled guidance to one of today's most complex and diverse areas of legal practice, international commercial arbitration. The World Arbitration Reporter (WAR) is the only integrated reference work containing international treaties and national legislation from more than 135 countries as well as annotated rules of procedure of international and national arbitral institutions. Every text is accompanied by insightful introductions and practical commentaries by internationally renowned experts. Explanatory notes, references to other source materials, bibliographies, and a special subject index are also included for comparative research.

In addition, the World Arbitration Reporter provides commentary and analysis on all source materials related to international arbitration. To that end, WAR provides not only introductions to all source materials that describe the context in which they originated but also detailed analytical commentaries and comprehensive bibliographies and indexes.

Volume 1: International Legal Framework

• Covers every international convention and treaty, with notes and commentaries on history, status, influence, and pitfalls of each convention of the law and practice of commercial arbitration. It contains general international conventions; other international sources, including the 1985 UNCITRAL Model Law on International Commercial Arbitration; regional treaties and arrangements; bilateral treaties on commercial arbitration, treaties on settlement of investment disputes, arrangements on the execution of arbitral awards, as well as bilateral arbitration schemes, such as that provided for in the Iran-United States Claims Settlement of 1981; and contributions of nongovernmental organizations to the development of the law and practice of international commercial arbitration.
  

Volume 2, 2A, and 2B: National Legislation

• Comprehensive coverage of commercial arbitration in every country where such legislation is available. Concentrates on national law and contains texts of legislation, including explanatory notes, headnotes, commentaries, references to other source materials, bibliographies and a special subject index. Texts in foreign languages have been translated into English. These volumes provide reports on more than one hundred countries. Updates are provided in order to keep the information as current as possible. An introductory note, supplying background and listing multilateral and bilateral treaties, precedes each text. Information on arbitration institutions is also provided.
• Legislative provisions are accompanied by index numbers for ease of reference to subject matter and to related material in WAR. Each text is followed by a commentary that examines areas of arbitration law judged to be important to practitioners, students, and scholars. In order to promote uniformity of information provided and ease of use, the structure of each commentary is the same.
• The reports conclude with references to published arbitral awards and court decisions, with brief indications of their subject matter. A bibliography of books and articles is also provided.

Volume 3 and 3A: International Arbitral Institutions and Rules

• Contains the most comprehensive rule analysis of international arbitration institutions ever published. Every rule of every international body and arbitration organization is published with detailed notes explaining practical background, analysis, and commentaries. Presented in these volumes of the World Arbitration Reporter are rules for the conduct of international arbitration, both ad hoc and institutional. The most important and most frequently used rules are accompanied by an analytical commentary. These include, for example, the rules of the United Nations Commission for International Trade Law (UNCITRAL), the Court of Arbitration of the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), and the Iran-United States Claims Tribunal.
• Also included are rules reflecting bilateral and regional arrangements. Among these are the rules of the Euro-Arab Chambers of Commerce and the Court of Arbitration of the Official Franco-German Chamber of Commerce and Industry.
• Part I of this volume introduces the institutions, both intergovernmental and nongovernmental, that administer international arbitration. Part II focuses on the rules available for use in international arbitration, conciliation, and, when applicable, fact-finding proceedings. In the case of institutions, the appropriate administrative rules are also included. Special emphasis is given to the rules governing arbitration proceedings, which are accompanied by a commentary.
• Code numbers corresponding to the World Arbitration Reporter's classification system are included in the margin of each set of rules, allowing for ease of reference to other volumes of the reporter. Volume 2, which contains national legislation, will be of special importance in this regard. Although all modern rules allow the parties considerable freedom in designing a procedural framework for their arbitration, both the provisions of the rules and the autonomy of the parties are subject, in nearly all cases, to mandatory provisions of the domestic law of the place of arbitration or of any other applicable procedural law (see, e.g., UNCITRAL Arbitration Rules, art. 1(2)). Knowledge of the interaction between mandatory legal provisions and the rules selected is therefore essential.
• Also essential, given the enormous flexibility afforded by modern arbitration rules, is a determination of the extent to which the parties wish to deviate from the provisions of the applicable rules. Parties often agree to arbitrate under a given set of rules without first examining specific provisions of the rules. They may, for example, be unaware that the ICC rules require preparation of terms of reference (art. 13) or that the ICSID arbitration rules are designed to prevent the presence, on three member tribunals, of any arbitrator who has the same nationality as either party (rule 1).
• Only later, once a dispute has arisen and arbitration proceedings have been initiated, are procedural alternatives recognized and proposed. At this point, however, the parties are least inclined to reach any kind of amicable agreement with respect to procedural matters. A determination of the applicable rules, as well as any advisable deviations from the provisions of those rules, are therefore best suited to the negotiation phase of the parties' dealings. This up-to-date collection of the most important international rules, accompanied by commentary, tables of cases, and awards, as well as comprehensive bibliographies, should prove an invaluable resource.

Volumes 4 and 4A: Rules of National Arbitration Institutions

• Does on a national level what Volume 3 does on an international level. Covers the most important rules and institutions in the busiest arbitration centers of the world. Volume 4 and 4A of the World Arbitration Reporter contains the rules of national arbitral institutions that frequently administer arbitration between parties of different nationalities. The rules of the largest and most active institutions are accompanied by analytical commentaries. These include the American Arbitration Association (AAA), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Court of Arbitration at the Russian Chamber of Commerce and Industry, and the Associazione Italiana per l'Arbitrato (AIA). The inclusion of a number of additional institutions is contemplated in subsequent service issues.
• Code numbers corresponding to the Reporter's classification system are included in the margin of each set of rules, allowing for ease of reference to specific subject matters and to other volumes of the Reporter.
• Modern institutional arbitration rules contain few mandatory provisions and parties enjoy great autonomy in tailoring the procedure to their particular needs. In order to do so, they must be aware of the scope, content, and application of the rules they have selected or are contemplating selecting, and of the interaction between these rules and any applicable procedural law, most notably the law of the place of arbitration. The rules, commentaries, tables of cases and awards, and comprehensive bibliographies contained in this volume should prove an invaluable resource.

Volume 5: Court Decisions (in preparation)

• Contains the key case law defining enforcement, judicial review, provisional relief, etc., and decisions from national courts throughout the world, with translated excerpts and expert commentary.
  

Editor-in-Chief:
Hans Smit, Fuld Professor of Law and Director, Center for International Arbitration and Litigation Law, Columbia University and Vratislav Pechota, Assistant Director, Center for International Arbitration and Litigation Law, Columbia University

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