A number of leading international commercial arbitration books have been made available online in recent years, providing a large virtual library for parties, in-house counsel, practitioners, students and academics alike to consult. While the number of pages of text that can be viewed is limited, a vast amount of detailed information can be accessed. Below, you will find a useful collection of leading international commercial arbitration books that are searchable and provide answers to most of the issues that are likely to arise during the course of an international commercial arbitration. Construction arbitration books and investment treaty arbitration books have been catalogued separately.
The following commercial arbitration books have been organized in alphabetical order.
A Guide to the UNCITRAL Arbitration Rules, C. Croft, C. Kee and J. Waincymer (2013)
This book provides a solid overview of the UNCITRAL Arbitration Rules, analyzing each Article of the rules and providing helpful commentary for practitioners.
A Practical Guide to International Arbitration in London, H. Heilbron (2008)
This book, which is relevant for arbitrations with their seat in London, provides an overview of the English legal system and practice of law, as well as practical advice concerning how arbitration proceedings take place under the 1996 Arbitration Act.
Arbitrability: International & Comparative Perspective, L. Mistelis, S. Brekoulakis (2009)
Not every dispute is arbitrable, that is to say capable of resolution via arbitration. This book explores the concept of arbitrability under the New York Convention and various national laws, and also examines the limits of arbitration with respect to specific classes of disputes, such as those concerning taxes and insolvency. Although primarily academic in nature, the book is well-written.
Arbitration Act 1996, R. Merkin, L. Flannery (2014)
The English Arbitration Act 1996, which was inspired by the UNCITRAL Model Law but varies in many significant ways in relation to it, is explored in detail in this useful tome, which was recently updated and cites the jurisprudence of a multitude of courts in England and Wales. It is essential reading for international commercial arbitrations with their seat in London, covering most aspects of international arbitration law in England, both domestic and international.
Arbitration Advocacy in Changing Times, A. J. van den Berg (2011)
This book includes essays by various practitioners of international arbitration, focusing on topics relevant to arbitration advocacy such as discovery, the use of the media for certain disputes, witness preparation, and the correction and clarification of arbitral awards. While some essays are of more practical interest than others, it is a useful tome for arbitration practitioners.
Arbitration in Complex International Contracts, J. Frick (2001)
This book, although dated, analyzes many of the legal issues that arise when a complex international dispute straddling jurisdictions is resolved by way of international arbitration.
Arbitration Law of Canada: Practice and Procedure, J. Casey (2012)
This book provides a good introduction to arbitration practice and procedure in Canada, based on both federal legislation and provincial legislation.
Arbitration Law of Turkey: Practice and Procedure, Z. Akinci (2011)
This book reviews all aspects of arbitration in Turkey, from the sources of Turkish arbitration law, through the composition of the arbitral tribunal, to the taking of evidence and the setting aside an award. The book is very useful for anyone with an international arbitration with a seat in Turkey, or who intends to enforce an arbitration award in the country.
Arbitration of International Business Disputes, W. Park (2012)
This book, written by the well-known Professor William W. Park, provides an overview of arbitral procedure and substantive norms, analyzing a variety of jurisprudence from across the globe concerning international arbitration.
Arbitration Rules-National Institutions, L. Mistelis, L. Shore (2010)
While other books explore institutional arbitration rules in greater depth, this book is useful since it provides an overview of the arbitral rules of many different arbitral institutions, such as the Dubai-based DIAC, the Australian-based ACICA, the Milan-based CAM, the Serbian FTCA, the London-based maritime LMAA, and the Japan-based JCAA, which have received little critical commentary elsewhere.
Arbitration with the Arab Countries, J. El-Ahdab (2011)
This book analyzes arbitration procedure and practice on a country-by-country basis in Arab States. It also analyzes the Amman Convention on Commercial Arbitration and the Riyadh Arab Convention on Judicial Cooperation.
A Guide to the ICC Rules of Arbitration, Y. Derains, E. Schwartz (2005)
This classic book includes detailed article-by-article commentary on the ICC Rules of Arbitration, as well as numerous references to relevant national court judgments and international commercial arbitration awards, together with a discussion of doctrine. Although it has yet to be updated to take into account the changes instituted by the 2012 ICC Rules, as these changes have merely codified existing practice this book remains a valuable reference work on ICC arbitration practice.
A Guide to the ICDR International Arbitration Rules, M. Gusy, J. Hosking and F. Schwarz (2011)
This ambitious book is a useful starting point for ICDR arbitrations. It is organized thematically, providing commentary on each of the 37 articles in the ICDR International Arbitration Rules, with comparisons to the rules of other leading arbitral institutions.
A Guide to the LCIA Arbitration Rules, P. Turner, R. Mohtashami (2009)
While nearly all books on international commercial arbitration also cover LCIA arbitration, this is currently the leading reference book dedicated exclusively to it. It is grouped thematically, providing a thorough commentary to each rule.
Carbonneau on International Arbitration: Collected Essaye, T. Carbonneau (2011)
This scholarly tome explores issues such as the judicialization of international arbitration, the role of national law and courts, and stare decisis, from the perspective of the eminent professor and arbitrator Thomas Carbonneau.
Comparative International Commercial Arbitration, J. Lew, L. Mistelis, S. Kröll (2003)
This book on international commercial arbitration is another international arbitration classic. It describes what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award.
Comparative Law of International Arbitration, J.-F. Poudret, S. Besson (2007)
This book is an updated version of a well-known French treatise on international commercial arbitration. It guides readers through the international arbitration process from beginning to end, covering each step of arbitral procedure from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint. It is more useful for cases involving parties in civil law jurisdictions.
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions, B. Hanotiau (2006)
This useful book on complex arbitrations provides a comprehensive analysis of the issues arising from multiparty and multicontract disputes, including those involving States and groups of companies. Many problems are analysed in depth, such as when an arbitration clause may be extended to non-signatories and whether a respondent can join other defendants to the arbitration, be they privy to the arbitration agreement or third parties. This book is a helpful resource for both practitioners and academics involved in international commercial arbitration.
Consent in International Arbitration, A. M. Steingrube (2012)
Consent is of course the bedrock of international arbitration, for without the consent of the parties to a dispute the arbitrator would not have jurisdiction to decide upon the merits of a case. This book offers the most detailed view of the notion of consent in arbitration to date, although it is too theoretical to be of great use to most arbitration practitioners.
Counsel as Client’s First Enemy in Arbitration, U. Draetta (2014)
This book explores what can go wrong over the course of an international arbitration if the wrong legal counsel is selected.
Electronic Disclosure in International Arbitration, D. Howell (2008)
The book looks at e-discovery in the context of international arbitration and provides guidance with respect to e-disclosure from both common law and civil perspectives.
Fouchard, Gaillard, Goldman on International Commercial Arbitration, P. Fouchard, E. Gaillard, B. Goldman, J. Savage (1999)
This famous treatise is becoming outdated, but it is nevertheless frequently relied upon in the field of international arbitration, and it was formerly the leading book on the subject. It provides an in-depth analysis of the law and practice of international commercial arbitration and is often cited in practice.
Guide to the SIAC Rules, M. Mangan, L. Reed, J. Choong (2014)
This long-overdue book provides article-by-article guidance on the SIAC Rules of Arbitration, and it is written by leading practitioners of international arbitration. It is useful for anyone involved in a SIAC arbitration.
ICC Arbitration in Practice, E. Schäfer, H. Verbist, C. Imhoos (2004)
This book is less complete than Derains’ and Schwartz’s book, but it is well-written and provides a useful article-by-article review of the ICC Rules of Arbitration.
ICDR Awards and Commentaries, G. Hanessian and J. Kaplan (2012)
This book reviews ICDR arbitration practice, electronic discovery in international arbitration, arbitrator disclosure standards, and provides commentaries on a number of ICDR arbitral awards. It is a collection of works by many authors.
Interim and Emergency Relief in International Arbitration, I. Laird, B. Sabahi and A.M. Whitesell (2015)
Not all arbitrations can wait until a final award in order for there to be relief. This recent book analyzes the power of arbitral tribunals to offer interim relief, as well as the power of national court powers to order interim relief, and it reviews the role of emergency arbitrators.
Interim Measures in International Arbitration, L. Newman and C. Ong (2014)
This useful book reviews interim measures that can be granted in support of arbitration before many different State courts, from Argentina to Vietnam. Individual chapters have been drafted on a country-by-country basis by well-known international arbitration practitioners.
International Arbitration and Forum Selection Agreements: Drafting and Enforcing, 3rd Edition, G. Born (2010)
Gary Born is a leading arbitrator and practitioner who deserves praise for drafting another clear and authoritative work concerning international arbitration. This tome includes many useful explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. It also provides numerous revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts.
International Arbitration and International Commercial Law: Synergy Convergence and Evolution, S. Kroll, L. Mistelis, V. Perales, V. Rogers (2011)
This book, by the founder of the Willem C. Vis Arbitration Moot, covers a number of useful topics in its 45 sections, such as pathological arbitration clauses, commercial arbitration in Romania, and a variety of other diverse topics. It is too eclectic for everyday use, but may be useful to students preparing for the competition.
International Arbitration and Mediation: A Practical Guide, M. McIlwrath, J. Savage (2010)
This fairly recent publication provides a practical yet exhaustive overview of international arbitration and mediation, although given its paucity of references it is more useful for in-house counsel than practicing attorneys.
International Arbitration: Contemporary Issues and Innovations, J. Moore (2013)
This eclectic book offers a good view of contemporary issues in international arbitration, but is too diverse to be of use on a regular basis. Its sections on arbitration and the law of the sea, valuation in investor-State arbitrations, and the impact of human rights on international arbitration are worth reading.
International Arbitration Law and Practice in Switzerland, G. Kaufmann-Kohler and A. Rigozzi (2015)
This book includes an excellent overview of international arbitration law and practice in Switzerland, concerning issues such as the law of the arbitration, the arbitral tribunal and the annulment and enforcement of the award.
International Arbitration Law and Practice, M. Rubino-Sammartano (2001)
Professor Rubino-Sammartano’s book was very useful when it came out, for both practitioners and academics. It is becoming dated, but still offers a good overview of international arbitration law and procedure.
International Commercial Arbitration, G. Born (2014)
This book is one of the most comprehensive international commercial arbitration textbooks on the market. It is written from a comparative law perspective, unlike other arbitration textbooks that are often written from the standpoint of a particular legal system. As such, this textbook is more useful than many of its competitors for commentary and analysis on many aspects of the international commercial arbitration process.
International Commercial Arbitration: An Asia-Pacific Perspective, S. Greenberg, C. Kee, J. Weeramantry (2011)
This is not a comprehensive textbook on international commercial arbitration, but it is useful concerning international commercial arbitration proceedings involving Asian countries, and it is well-researched and up-to-date.
International Intellectual Property Arbitration, T. Cook and A. Garcia (2010)
Intellectual property disputes tend to be multi-jurisdictional in nature, and international arbitrations involving intellectual property law are becoming more and more commonplace. This book offers a good overview of the resolution of intellectual property disputes via arbitration.
International Sales Law and Arbitration: Problems, Cases and Commentary, J. Morrissey, J. Graves (2008)
This book, as the title suggests, is useful when the dispute in question concerns an international transaction that has gone awry. It focuses significantly on the United Nations Convention on Contracts for the International Sale of Goods (CISG), the most important treaty with respect to international sales law.
International Sales Law: A Global Challenge, L. DiMatteo (2014)
Like Morrisey and Graves’ 2008 book, this book reviews the CISG, how it has been interpreted by various States, and rules concerning the international arbitration, fundamental breaches and the calculation of damages in international sales disputes.
Redfern & Hunter on International Arbitration, N. Blackaby, C. Partasides, A. Redfern, M. Hunter (2004)
This classic text was recently updated, but the latest edition is unavailable online. Concise and well organised, it leads the reader through the different stages of the arbitral process. It is renowned for its direct approach to complex issues and the writing has been praised for its accessible and pedagogical style.
Rules of Evidence in International Arbitration: An Annotated Guide, N. O’Malley (2012)
Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. It considers common issues and questions relating to evidentiary procedure, with numerous case-based commentaries.
Soft Law in International Arbitration, L. Newman and M. Radine (2014)
This book reviews soft law concerning the organization and general conduct of arbitrations, including an overview of the protocols and guidelines that are often followed by international arbitrators when conducting an arbitration, with respect to such issues as disclosure, ethics and document production.
The Art of Advocacy in International Arbitration, D. Bishop and E. Kehoe (2010)
This book provides an overview of issues concerning advocacy in international arbitration, such as cultural differences, ethical considerations, psychological factors and strategic considerations. It is most useful for junior practitioners.
The Freshfields Guide to Arbitration Clauses in International Contracts, J. Paulsson, N. Rawding, L. Reed (2011)
This book is useful for assisting in-house counsel and practitioners in drafting fully-informed arbitration clauses.
The IBA Rules on the Taking of Evidence in International Arbitration: A Guide, P. Ashford (2010)
The IBA Rules on the Taking of Evidence are a common feature of international arbitration around the world, and in this practical guide the author combines a detailed discussion of the Rules and the commentary from the Drafting Committee with an analysis of the interaction between the Rules and those of the main arbitration institutions. Although the IBA Rules are soft law, and often looked to merely for inspiration, this book is useful for arbitrations involving difficult questions with respect to evidence.
The Law of Damages in International Sales, D. Saidov (2008)
This book is focused on the CISG, the UPICC and the PECL, and it reviews the legal elements that are necessary to prove damages for international sales, including causation, foreseeability and mitigation, and the burden of proof that must be met to succeed on a damages claim.
The Leading Arbitrators’ Guide to International Arbitration, L. Newman, R. Hill (2014)
Many of the world’s most famous arbitrators, such as Emmanuel Gaillard, have contributed to this book. While less practical than some other works, this book is nevertheless interesting insofar as it offers a view of international arbitration from the perspective of arbitrators.
The New York Convention: Recognition and Enforcement of Foreign Arbitral Awards, H. Kronke, P. Nacimiento, D. Otto, N. Port (2010)
This useful tome covers the major issues that have arisen when enforcing awards under the New York Convention, including the use of reservations made by Contracting States, the distinctions between recognition sought at the seat of the arbitration and outside the seat, the role of the courts in reviewing arbitral awards and the Convention’s focus on safeguarding due process standards. This work is helpful to both practitioners and academics.
The Practitioner’s Handbook on International Commercial Arbitration, F.–B. Weigand (2010)
This book provides a concise introduction to international commercial arbitration, with country reports and commentaries by a variety of practitioners and academics on internationally recognized arbitration rules. It includes useful reports on international arbitration law in Austria, Belgium, China, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland and the USA.
The Principles and Practice of International Commercial Arbitration, M. Moses (2012)
This book is not a comprehensive textbook, but it has been very recently updated and provides a concise and to-the-point overview of international commercial arbitration.
The UNIDROIT Principles in Practice, M. Bonell (2006)
This book provides caselaw and commentary on the UNIDROIT Principles of International Commercial Contracts. This uniform law is applicable to many international contractual disputes, and this book provides a good overview of jurisprudence concerning the interpretation of the UNIDROIT Principles by a variety of courts and arbitral tribunals.
The UNCITRAL Arbitration Rules: A Commentary (Oxford Commentaries on International Law), D. Caron, L. Caplan (2013)
This is the leading book on the UNCITRAL Arbitration Rules, which has been recently updated. It is highly pertinent when involved in any UNCITRAL arbitration and well worth reading.
Third-Party Funding in International Arbitration, L. Nieuwveld, V. Shannon (2012)
Third-party funding, whereby a third-party pays for an arbitration in return for a share of any eventual arbitration award, is already changing the balance of power in international arbitration, by allowing poorer claimants with well-founded claims to gain access to arbitral justice. Some fear it is also open to abuse. In this book, the first on this topic, the authors analyze and assess the legal regime in a variety of countries based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in that jurisdiction.
Towards a Uniform International Arbitration Law? A. Schlaepfer, P. Pinsolle and L. Degos (2012)
This book, by the International Arbitration Institute, is a collection of essays by leading arbitration practitioners, which concern the issue of whether there are transnational rules applicable to arbitration that are developing. Theoretical in nature, this book is nevertheless interesting to read for current international arbitration practitioners.
Vienna Rules: A Commentary on International Arbitration in Austria, F. Schwarz, C. Konrad (2009)
This commentary examines the Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006. It provides an article-by-article commentary, and is useful reading for anyone involved in an arbitration in Vienna.