Research Guides: Vis Moot 2019: Procedural Issues (International Commercial Arbitration Law)

Legal Framework for Procedural Issues

Legal Framework for Procedural Issues:

The contract between the parties (see the 2019 problem).

The arbitral rules of the institution identified in the parties' contract. For the 2019 problem, the arbitral rules of the Hong Kong International Arbitration Centre apply).
The arbitration "statute" of the [fictional] state. For the 2019 problem, Danubia has adopted The UNCITRAL Model Law on International Commercial Arbitration with 2006 amendments. In Mediterraneo, however, "there is consistent jurisprudence [that the CISG] applies to the conclusion and interpretation of the arbitration clause." See Procedural Order 1, para. 4.

The treaty that guides enforcement of arbitration awards: The "New York Convention" (Convention on the Recognition and Enforcement of Foreign Arbitral Awards)

Scholarly Commentary on International Arbitration (in general) and The UNCITRAL Model Law and The NY Convention (in particular)

Start your research in the books available on the databases linked below. For the 2019 problem, you should learn about and become an expert in the following concepts and principles of international arbitration (list is not exclusive). As you are reading, note the cases that are repeatedly cited in the scholarly material.

separability
competenz-competenz
seat of arbitration
confidentiality in arbitral proceedings
lex specialis arbitri (law of the contract) v. lex loci arbitri (law of the seat)

Kluwer Arbitration Database
Kluwer Arbitration is a key database for ebooks & journals on international arbitration including those on UNCITRAL and the NY Convention. This database offers a bunch of ebooks that we don't have in print on reserve. Start by skimming anything written by Gary Born because he gives a good overview of international commercial arbitration in general. Then, move on to a commentary that is just about the UNCITRAL Model Law. You can also use the search box to search for journal articles. As a warning, though, the search feature is clunky.
Law Library Reserve Collection
I've identified several books on international arbitration in general as well as some that focus only on the UN Model Law or the NY Convention. Many of these books are also available as ebooks.
Westlaw's International Arbitration Materials Collection
Westlaw offers some treatises (books) and journals on international arbitration.

Cases (judicial decisions and arbitral awards) on International Arbitration (in general) and The UNCITRAL Model Law and The NY Convention (in particular)

After you've read and understood the foundational concepts of international arbitration involved in the 2019 problem, you can now turn to the cases (which includes both judicial decisions and also arbitral awards). If you have a citation to a case from your reading, you can just google it. If you need to find relevant cases from scratch, see the links below - ESPECIALLY THE UNCITRAL DIGEST ON THE UNCITRAL MODEL LAW!!

CLOUT Database
Gathers court decisions and arbitral awards related to all UNCITRAL texts including the UNCITRAL Model Law and the NY Convention.
Kluwer Arbitration Database
Find court decisions and arbitral awards on the Kluwer Arbitration Database. As a warning, the search feature is a bit clunky.
newyorkconvention.org
You can search NY Convention cases by article number.
UNCITRAL Model Law - Digest of Cases (2012)
The digest annotates each article of The UNCITRAL Model Law with case citations. Many cases are given a "CLOUT" number (see above to access the CLOUT database).