Goodson Law Library

Arbitration is a dispute-resolution process in which the parties select a neutral third party to resolve their claims. Parties typically agree to arbitrate in order to avoid the time, expense, and complexity of litigation. Arbitration clauses that require parties to submit all disputes to arbitration are widely used in domestic consumer and employment contracts. International arbitration is also an important and growing legal field as arbitration provisions within treaties often establish the sole method by which signatories must resolve disputes arising under the treaty. Arbitration tribunals set their own rules and they are typically not bound by the procedural formalities employed by courts, nor are they always bound to follow the substantive laws that govern traditional court systems. Nonetheless, primary law and decisions handed down by other arbitrators deciding similar issues can be important sources of persuasive authority in resolving issues sent to arbitration. This research guide provides an introduction to some of the more important sources of information on handling both domestic and international arbitration cases.

II. SECONDARY SOURCES

Although arbitration tribunals often incorporate procedures similar to a trial court, such as the submission of briefs, the introduction of documents, and hearing witness testimony and counsel arguments, the process is much more informal. The following treatises and handbooks provide a good foundation for understanding how arbitration is conducted nationally and internationally.

A. Treatises and Handbooks

Domestic Arbitration: best place to start:

One of the most comprehensive and well-known treatises on the topic of labor arbitration is Elkouri & Elkouri, How Arbitration Works, 7th ed. (KF3424 .E44 & online in Bloomberg Law). This work is the “go to” resource of many practitioners and it is often cited in arbitration opinions. Published by the ABA section of Labor and Employment Law and updated regularly, chapters address common arbitration issues and include citations to applicable statutes and arbitration decisions.

Other Works:

• Carbonneau, The Law and Practice of Arbitration, 5th ed. (KF9085.C37 2014). This is a comprehensive treatise on the origin and practice of arbitration law in the United States. It addresses arbitration of domestic as well as international claims.
• Domke, Domke on Commercial Arbitration: The Law and Practice of Commercial Arbitration, 3rd ed. (KF9085 .D62 & online in Westlaw). Described as an easy to read guide that covers all stages of the arbitration process, from drafting the agreement through enforcement of the award. Includes forms, checklists, and practice tips.
• Huber, Weston, Arbitration: Cases and Materials, 3rd ed. (KF9085. H83 2011). This textbook covers the origins of arbitration and walks through the seminal statutory and case law that shaped current day arbitration. Also included are chapters on enforceability of arbitration provisions, arbitration procedures, powers of and ethical constraints on arbitrators, and judicial review of awards.
• Von Mehren, American Arbitration, Principles and Practice, (KF9085 .V66 [binder] & online in Bloomberg Law). Published by Practising Law Institute and updated regularly, this volume covers the history of arbitration through enforcing the award. It also includes chapters on arbitrating in particular legal areas, such as labor and construction.

International Arbitration

• Born,International Commercial Arbitration, 2nd ed. (K2400 .B673 2014 & online in Kluwer Arbitration). This three-volume set provides a comprehensive commentary on international commercial arbitration, including the legal framework for international arbitration agreements, international arbitral procedures, and the form, content, and consequences of awards.
• Gusy, A Guide to the ICDR International Arbitration Rules (KZ6115 .G87 2011). A comprehensive reference work for practitioners and arbitrators. Includes sections on drafting an arbitral clause and arbitration strategy.
• Kluwer Arbitration, a research database accessible through Goodson Law Library, includes numerous works on international arbitration, including
  • i. Blackaby, Partasides, et al., Redfern and Hunter on International Arbitration, 6th ed. (2015)
  • ii. Mcilwrath, Savage,International Arbitration and Mediation: A Practical Guide (2010).

  B. Practitioner Materials

  • Bloomberg BNA, Labor & Employment Resource Center, Labor Arbitration & Collective Bargaining tab. Includes latest news, practice tools, key laws, regulations, and documents, and recent labor arbitration decisions.
  • Practical Law, International Arbitration (through Westlaw). Includes sample agreements, practice and procedure guidance, and general information on both domestic and international arbitration.
  • Transnational Dispute Management: TDM. Includes peer-reviewed journal articles, legal and regulatory documents, news and events, and excerpts of international arbitration case decisions.
  • Kluwer Arbitration. Research portal that includes arbitration news, journals, and practice tools, in addition to books and arbitration opinions.
  • Yearbook, Commercial Arbitration(through Kluwer Arbitration and in print at K2400 .A53 Y4). Provides an annual update on key developments in arbitration awards and court decisions, updates on arbitration practice, and a bibliography of latest texts.
  • Mistelis et. al., eds., The World Arbitration Reporter: International Encyclopedia of Arbitration Law and Practice, Juris (K2400 .W672). Includes commentary on the arbitration law of selected countries, national and international arbitral institutions, and treaties as well as bilateral and regional agreements.