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Understanding Persuasive Authority in International Arbitration

This guide explores the concept of persuasive authority within the context of international arbitration. It covers essential components such as supporting evidence, relevant cases, and various arbitral institutions like AAA and LCIA. The importance of legislative history, well-known commentaries, and impactful literature is discussed to provide a comprehensive understanding of how persuasive authority shapes legal positions. Additionally, helpful online resources and databases are highlighted to assist researchers and practitioners in the field of international arbitration.

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Understanding Persuasive Authority in International Arbitration

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Presentation Transcript

  1. Introduction to Research

  2. Research Process • Rule • Supporting evidence and evidence which explains your position • Cases • Persuasive authority • Policy supporting your position

  3. Persuasive Authority • What is persuasive authority? • Examples of persuasive authority: • Legislative History • Other International Arbitral Institutions • AAA • LCIA • Arbitral cases • From ICC • From other international arbitral institutional • Authors • Well known commentaries, Journal Articles

  4. Helpful Resources • Books • Redfern and Hunter on International Arbitration, 5th Edition, by Alan Redfern and Martin Hunter (2009) • Procedural Law in International Arbitration, by Petrochilos Georgios (2004) • Comparative International Commercial Arbitration, by Julian D.M. Lew (2003) • International Commercial Arbitration, Volume I & II, by Gary Born (2014) • International Commercial Arbitration Commentary and Materials, 2d Edition, Gary Born (2001)

  5. Online Databases and Resources • CISG Database • http://www.cisg.law.pace.edu/ • Case Law on UNCITRAL Texts (CLOUT) • http://www.uncitral.org/uncitral/en/case_law.html • Has decisions and awards from: • CISG (most helpful) • Model Law on International Commercial Arbitration (1985) • New York Convention

  6. Procedural Resources • Books are best starting point • Born, Redfern & Hunter, Margret Moses • Trans-Lex (hosted by University of Cologne) • http://www.trans-lex.org/principles/

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