Domestic & International
Professor John Barkai
William S. Richardson School of Law
University of Hawaii at Manoa
2515 Dole Street · Honolulu, Hawaii 96822
Phone (808) 956-6546 · Fax (808) 956-5569
The great Chinese Emperor Kang-hsi (during the Manchu Dynasty) issued
the following decree, in response to complaints about his courts:
"The Emperor, considering the immense population of the empire, the
great division of territorial property and the notoriously litigious
character of the Chinese, is of the opinion that lawsuits would tend to
increase to a frightful extent if people were not afraid of the tribunals
and if they felt confident of always finding in them ready and perfect
justice. I desire, therefore, that those who have recourse to the courts
should be treated without any pity and in such a manner that they
shall be disgusted with the law and tremble to appear before a
magistrate. In this manner ... the good citizens who may have
difficulties among themselves will settle them like brothers by referring
them to the arbitration of some old man."
- National Geographic Magazine, June 1927
George Washington's Will
"... that all disputes (if unhappily any should arise) shall be decided by
three impartial and intelligent men, known for their probity and good
understanding; - two to be chosen by the disputants - each having the
choice of one - and the third by these two - which three men then
chosen, shall unfettered by law, or legal constructions, declare their
sense of the testator's intention; and such decision is, to all intents
and purposes, to be as binding on the parties as if it had been given
in the Supreme Court of the United States."
Professor John Barkai --- University of Hawaii Law School - Page 1 -
Arbitration is a private, informal process by which all
parties agree, in writing, to submit their disputes to
one or more impartial persons authorized to resolve
the controversy by rendering a final and binding
award. It is used for a wide variety of disputes: from
commercial disagreements involving construction,
securities transactions, computers, or real estate (to
name just a few), to insurance claims and labor union
The major features of arbitration are:
1. A written agreement to resolve disputes by the
use of impartial arbitration.
2. Informal procedures.
3. Impartial and knowledgeable neutrals to serve
4. Final and binding awards which are enforceable
in a court.
From: American Arbitration Association: Drafting
Dispute Resolution Clauses
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* final and binding
* less formal than litigation
* less expensive than litigation
* faster than litigation
* hearing are private
* awards are confidential
* remedies are fixed by law
* parties select the neutral arbitrator
* final and binding
* less formal than litigation
* very limited appeal rights
* one party wins; one party loses
* unlikely to reach creative solutions
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A GUIDE TO MEDIATION AND ARBITRATION
FOR BUSINESS PEOPLE
American Arbitration Association (1999)
In the normal course of day-to-day business affairs, disputes are often inevitable.
Parties might disagree as to their individual rights and obligations no matter how
carefully a contract is written. This can lead to delayed shipments, complaints about
the quality of merchandise, claims of nonperformance, and similar misunderstandings.
The resolution of such disputes, however, need not be costly and acrimonious.
Alternative means of dispute resolution can SAVE TIME AND MONEY, and can help to
put the dispute behind you while preserving valuable business relationships.
A meeting between disputants, their representatives and a mediator to discuss
settlement. The mediator's role is to help the disputants explore issues, needs and
settlement options. The mediator may offer suggestions and point out issues that the
disputants may have overlooked, but resolution of the dispute rests with the disputants
themselves. A mediation conference can be scheduled very quickly and requires a
relatively small amount of preparation time. The conference usually begins with a joint
discussion of the case, followed by the mediator working with the disputants both
together and separately, if appropriate, to resolve the case. Many cases are resolved
within a few hours. Perhaps most important, mediation works! Statistics show that 85%
of commercial matters and 95% of personal injury matters end in written settlement
Arbitration is referral of a dispute to one or more impartial persons for final and
binding determination. Private and confidential, it is designed for quick, practical, and
economical settlements. Parties can exercise additional control over the arbitration
process by adding specific provisions to their contracts' arbitration clauses or, when a
dispute arises, through the modification of certain of the arbitration rules to suit a
particular dispute. Stipulations may be made regarding confidentiality of proprietary
information used; evidence, locale, number of arbitrators; and issues subject to
arbitration, as examples. The parties may also provide for expedited arbitration
procedures, including the time limit for rendering an award, if they anticipate a need for
hearings to be scheduled on short notice.
THE ROSTER OF NEUTRALS
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To serve the community with mediators and arbitrators representing all fields of
specialization, the AAA maintains a national roster of approximately 20,000 trained
experts throughout the United States and the rest of the world. The AAA requires that
applicants have 8 to 10 years of experience in their fields of expertise prior to being
considered for the roster.
A GUIDE TO MEDIATION FOR BUSINESS PEOPLE
How Does Mediation Differ From Arbitration?
Arbitration is less formal than litigation, and mediation is even less formal than
arbitration. Unlike an arbitrator, a mediator does not have the power to render a binding
decision. A mediator does not hold evidentiary hearings as would an arbitrator but
instead conducts informal joint and separate meetings with the parties to understand
the issues, facts, and positions of the parties. The separate meetings are known as
caucuses. In contrast, arbitrators hear testimony and receive evidence in a joint
hearing, on which they render a final and binding decision known as an award.
The Benefits of Mediation
The benefits of successfully mediating a dispute to settlement vary, depending on the
needs and interests of the parties. The most common advantages are that:
. parties are directly engaged in the negotiation of the settlement;
. the mediator, as a neutral third party, can view the dispute objectively and can
assist the parties in exploring alternatives which they might not have considered on their
. as mediation can be scheduled at an early stage in the dispute, a settlement can be
reached much more quickly than in litigation;
. parties generally save money through reduced legal costs and less staff time;
. parties enhance the likelihood of continuing their business relationship;
. creative solutions or accommodations to special needs of the parties can become a
part of the settlement.
Occurrence of Mediation
Mediations can originate in different ways. First, mediation can occur when a dispute
initially arises and before a lawsuit is ever filed. Second, mediation can occur as an
adjunct procedure to pending litigation. That is, as soon as the parties file a lawsuit,
they can use mediation in an effort to resolve the dispute at the inception of litigation or
at any time thereafter but prior to a trial being held. Third, mediation can occur during
or immediately after a trial but before a decision is announced by a judge or jury.
Fourth, mediation can occur after a judgment has been rendered in litigation. There
might be a disagreement over the meaning or manner of carrying out a judgment, or
concern about the possibility of lengthy court appeals. The parties can seek the
assistance of a mediator to help them resolve these problems.
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A GUIDE TO ARBITRATION FOR BUSINESS PEOPLE
STAGES OF AN ARBITRATION
I. The Agreement to Arbitrate
The most important step in initiating arbitration is the agreement to arbitrate. This
agreement can be of one of two kinds: it can take the form of a future-dispute
arbitration clause in a contract or, where the parties did not provide in advance for
arbitration, it can take the form of a submission of an existing dispute to arbitration.
The parties can provide for the arbitration of future disputes by inserting the following
clause into their contracts.
Standard Arbitration Clause
Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered by the American Arbitration
Association under its Commercial Arbitration Rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Arbitration of existing disputes may be accomplished by the use of the following.
We, the undersigned parties, hereby agree to submit to arbitration administered by
the American Arbitration Association under its Commercial Arbitration Rules the
following controversy: (cite briefly). We further agree that the above controversy be
submitted to (one) (three) arbitrator(s). We further agree that we will faithfully
observe this agreement and the rules, that we will abide by and perform any award
rendered by the arbitrator(s), and that a judgment of the court having jurisdiction may
be entered on the award.
Regardless of how the agreement to arbitrate was reached, filing of a claim with the
AAA along with the appropriate filing fee, as provided in the schedule appearing on
page 26, and serving the defending party are all that is required to set the machinery for
arbitration into motion. Upon receiving the initiating papers together with the filing fee,
the AAA assigns the case to one of its staff members, whose official title is case
administrator or case manager and who, from that point onward, is at the disposal of
the parties, expediting administration and assisting both sides in all procedural matters
until the award is rendered. Pursuant to the rules, the parties and the AAA may use
facsimile transmission, telegrams, or other written forms of electronic communication to
give the notices required by the rules.
II. Selection of the Arbitrator
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Unless the parties have indicated another method, the AAA uses the following simple
and effective system for selecting the arbitrator.
1. Immediately after the filing of the submission ... , the AAA sends each party a copy
of the same specially prepared list of proposed arbitrators to resolve the controversy...
2. Parties are allowed fifteen (15) days to study the list, strike names to which they
object, and number the remaining names in the order of preference. ...
3. When these lists are returned to the AAA, the case administrator/manager
compares indicated preferences and makes note of the mutual choices. Where parties
are unable to find a mutual choice on a list, the AAA has the power to make the
appointment without submitting additional lists, although additional lists may be
submitted at the request of both parties.
4. If the parties cannot agree on an arbitrator, the AAA will make an administrative
appointment, but in no case will an arbitrator whose name was crossed out by either
party be appointed.
Panels with Party-Appointed Arbitrators
Under some arbitration clauses in use, each party to a dispute appoints one
arbitrator ... and the two select a third arbitrator from the AAA's panels...
IV. Presentation of the Case
Arbitration hearings are conducted somewhat like court trials, except that arbitrations
are less formal. Arbitrators are not required to follow strict rules of evidence. They
must hear all of the evidence material to an issue but they may determine for
themselves what is relevant. Arbitrators are therefore inclined to accept evidence that
might not be allowed by judges.
[The usual procedures are:]
1. An opening statement that clearly but briefly describes the controversy and
indicates what is to be proved. Such a statement lays the groundwork and helps the
arbitrator understand the relevance of testimony to be presented.
2. A discussion of the remedy sought. This is important because the arbitrator's
power is conferred by the agreement of the parties. Each party should try to show that
the relief that it requests is within the arbitrator's authority to grant.
3. Introduction of witnesses in a systematic order to clarify the nature of the
controversy and to identify documents and exhibits. Cross examination of witnesses is
important, but each party should plan to establish its case by its own witnesses.
4. A closing statement that should include a summary of the evidence and arguments
and a refutation of points made by the opposition.
After both sides have had an equal opportunity to present all of their evidence, the
arbitrator declares the hearing closed. Under AAA rules, the arbitrator has thirty (30)
days from that time within which to render an award, unless the agreement provides
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The award is the decision of the arbitrator on the matters submitted to him or her
under the arbitration agreement. If the arbitration panel consists of more than one
arbitrator, the majority decision, under AAA rules, is binding. The purpose of the award
is to dispose of the controversy finally and conclusively. It is made within the limits of
the arbitration agreement and it rules on each claim submitted. Arbitrators are not
required to write opinions explaining the reasons for their decisions. As a general rule,
AAA commercial awards consist of a brief direction to the parties on a single sheet of
paper. Written opinions can generate attacks on the award because they identify
targets for the losing party. ...
In order to best serve the parties in international arbitrations, the AAA devised the
Supplementary Procedures for International Commercial Arbitration, which may be
used in conjunction with various sets of arbitration rules. These procedures do not
supersede any provision in the applicable rules but merely codify various procedures
that are used in international arbitrations. Among the more interesting features are
provisions governing consecutive hearing days, language of the hearings, and opinions.
The thrust of the procedures is to expedite international commercial arbitrations and to
keep them as economical as possible. In a case involving a panel of U.S. nonnationals,
for instance, the AAA attempts to appoint resident foreign nationals in order to minimize
travel expenses. Pursuant to the Commercial Arbitration Rules, a request for a foreign-
national arbitrator must be made by the time set for the appointment of the arbitrator as
agreed by the parties or set by the rules. In March 1991, the AAA also promulgated
International Arbitration Rules.
The AAA's administrative fees are based on the amount of the claim or counterclaim,
ranging from $500 on claims below $10,000 to a negotiated rate for claims in excess of
$5,000,000. In addition, there are service charges for hearings held and
postponements. The fees cover AAA administrative services; they do not cover
arbitrator compensation or expenses, if any, reporting services, or any postaward
charges incurred by the parties in enforcing the award.
The following charges are based on filing and service fees. Arbitrator compensation,
if any, is not included in this schedule. Unless the parties agree otherwise, arbitrator
compensation and administrative fees are subject to allocation by the arbitrator in the
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A nonrefundable filing fee is payable in full by a filing party when a claim,
counterclaim or additional claim is filed, as provided below.
Amount of Claim Filing Fee
Up to $10,000 ......................... $500
Above $10,000 to $50,000 .............. $750
Above $50,000 to $100,000 ........... $1,250
Above $100,000 to $250,000 .......... $2,000
Above $250,000 to $500,000 .......... $3,500
Above $500,000 to $1,000,000 ........ $5,000
Above $1,000,000 to $5,000,000 ...... $7,000
Above $5,000,000 ................ Negotiated
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FORMS OF ARBITRATION
THE ABCS OF ADR: A DISPUTE RESOLUTION GLOSSARY
13 Alternatives to High Cost Litigation 147 (1995)
Arbitration. The most traditional form of private dispute resolution. It can be
"administered" (managed) by a variety of private organizations, or "non-administered" and
managed solely by the parties. It can be entered into by agreement at the time of the
dispute, or prescribed in pre-dispute clauses contained in the parties' underlying business
agreement. Arbitration can take any of the following forms:
Binding Arbitration. A private adversarial process in which the disputing parties choose a
neutral person or a panel of three neutrals to hear their dispute and to render a final and
binding decision or award. The process is less formal than litigation; the parties can craft
their own procedures and determine if any formal rules of evidence will apply. Unless there
has been fraud or some other defect in the arbitration procedure, binding arbitration
awards typically are enforceable by courts and not subject to appellate review.
Non-binding Arbitration. This process works the same way as binding arbitration except
that the neutral's decision is advisory only. The parties may agree in advance to use the
advisory decision as a tool in resolving their dispute through negotiation or other means.
"Baseball" or "Final-Offer" Arbitration. In this process, used increasingly in commercial
disputes, each party submits a proposed monetary award to the arbitrator. At the
conclusion of the hearing, the arbitrator chooses one award without modification. This
approach imposes limits on the arbitrator's discretion and gives each party an incentive to
offer a reasonable proposal, in the hope that it will be accepted by the decision-maker. A
related variation, referred to as "night baseball" arbitration, requires the arbitrator to make a
decision without the benefit of the parties' proposals and then to make the award to the
party whose proposal is closest to that of the arbitrator.
"Bounded" or "High-Low" Arbitration. The parties agree privately without informing the
arbitrator that the arbitrator's final award will be adjusted to a bounded range. Example: P
wants $200,000. D is willing to pay $70,000. Their high-low agreement would provide that if
the award is below $70,000, D will pay at least $70,000; if the award exceeds $200,000,
the payment will be reduced to $200,000. If the award is within the range, the parties are
bound by the figure in the award.
Incentive Arbitration. In non-binding arbitration, the parties agree to a penalty if one of
them rejects the arbitrator's decision, resorts to litigation, and fails to improve his position
by some specified percentage or formula. Penalties may include payment of attorneys' fees
incurred in the litigation.
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SUGGESTED INTERNATIONAL ARBITRATION CLAUSES
CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION
MODEL ARBITRATION CLAUSE - CIETAC
Any dispute arising from or in connection with this contract shall be submitted to China
International Economic and Trade Arbitration Commission for arbitration which shall be
conducted in accordance with the Commission's arbitration rules in effect at the time for
applying for arbitration. The arbitration award shall be final and binding upon both
HONG KONG INTERNATIONAL ARBITRATION CENTRE MODEL ARBITRATION
CLAUSE FOR INTERNATIONAL ARBITRATION
Any dispute, controversy or claim arising out of or relating to this contract, or the breach
termination or invalidity thereof, shall be settled by arbitration in accordance with the
UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest
of this clause.
The appointing authority shall be Hong Kong International Arbitration Centre.
The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration
There shall be only one arbitrator.*
Any such arbitration shall be administered by HKIAC in accordance with HKIAC
Procedures for Arbitration in force at the date of this contract including such additions to
the UNCITRAL Arbitration Rules as are therein contained.
The language(s) to be used in the arbitral proceedings shall be......
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JAPAN COMMERCIAL ARBITRATION ASSOCIATION MODEL ARBITRATION
All disputes, controversies or differences which may arise between the parties hereto, out
of or in relation to or in connection with this Agreement shall be finally settled by
arbitration in (name of city), Japan in accordance with the Commercial Arbitration Rules
of The Japan Commercial Arbitration Association. The award rendered by the
arbitrator(s) shall be final and binding upon the parties hereto.
KOREAN COMMERCIAL ARBITRATION BOARD MODEL ARBITRATION CLAUSE
All disputes, controversies, or differences which may arise between the parties, out of or
in relation to or in connection with this contract, or for the breach thereof, shall be finally
settled by arbitration in Seoul, Korea, in accordance with the Commercial Arbitration
Rules of the Korean Commercial Arbitration Board. The award rendered by the arbitrator
shall be final and binding upon both parties concerned.
SINGAPORE INTERNATIONAL ARBITRATION CENTRE MODEL ARBITRATION
Any dispute arising out of or in connection with this contract, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved by
arbitration with the Arbitration Rules of the Singapore International Arbitration Centre
("SIAC Rules") for the time being in force which rules are deemed to be incorporated by
reference into this clause. The law of the arbitration shall be the International Arbitration
Act 1994 (Cap 143A)".
Parties may add :
The tribunal shall consist of ___________ arbitrators(s) to be appointed by the Chairman
The governing law of this contract shall be the substantive law of ___________ "
The language of the arbitration shall be ___________."
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AMERICAN ARBITRATION ASSOCIATION INTERNATIONAL ARBITRATION CLAUSE
Any controversy or claim arising out of or relating to this contract shall be determined
by arbitration in accordance with the International Arbitration Rules of the Asia/Pacific
Any dispute, controversy, or claim arising out of or relating to this contract, or the
breach, termination, or invalidity thereof, shall be settled by arbitration in accordance
with the UNCITRAL Arbitration Rules in effect on the date of this contract. The
appointing authority shall be the American Arbitration Association. The case shall be
administered by the American Arbitration Association in accordance with its
"Procedures for Cases Under the UNCITRAL Arbitration Rules.
The arbitration proceedings shall be conducted in [city], [country].
The language(s) of the arbitration shall be [specify].
The arbitrator appointed to hear and decide disputes under this provision shall be a
citizen of [country].
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VERY SIMPLE ARBITRATION
All disputes arising out this
contract shall be submitted to
VERY SIMPLE MEDIATION
All disputes arising out this
contract shall be submitted to
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2 IMPORTANT CONCEPTS FOR
- supreme power
- freedom from external control
- the power, right, or authority to
interpret and apply the law.
- the authority of a sovereign
power to govern or legislate.
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Convention on the Recognition and Enforcement
of Foreign Arbitral Awards
The New York Convention of 1958
When parties to a contract involving international trade include an arbitration clause in
their agreement, one of their major concerns is securing the enforcement of this provision as
well as the ensuing award in a foreign jurisdiction. The Convention on the Recognition and
Enforcement of Foreign Arbitral Awards is an international treaty specifically designed to
facilitate such enforcement among its member states.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also
known as the New York Convention and the United Nations Convention was adopted by the
United Nations Conference on International Commercial Arbitration on June 10, 1958 and
came into force officially on June 7, 1959. On February 1, 1971, the United States ratified the
United Nations Convention, thus creating a mechanism whereby international arbitration
agreements and awards are specifically, speedily, and uniformly enforceable in federal
courts. Over the last 25 years, U.S. courts have consistently and vigorously supported the
Since its adoption in 1958, over 130 countries have become parties to the Convention,
through ratification, accession or succession.
The New York Convention of June 10, 1958 on the Recognition and Enforcement of Foreign
Arbitral Awards is the most important multilateral convention on international arbitration.
Basically, it requires courts of each contracting state:
- to recognize arbitration agreements in writing and to refuse to allow a dispute to be litigated
before them when it is subject to an arbitration agreement;
- to recognize and enforce foreign arbitral awards.
Before entering into an international arbitration agreement, a party is advised to check
whether the states of the other contracting party and, if appropriate, of the place of
arbitration, have ratified the New York Convention or have signed other multilateral or
bilateral treaties offering the same guarantees.
There are two reasons why a country might not apply the Convention to an international
arbitration award. (1) Some countries will only apply the Convention to arbitration awards
made in another country that has also signed the convention. (2) Some countries will only
apply the Convention to differences arising out of legal relationships which are considered as
"commercial" under the national law.
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VACATING INTERNATIONAL ARBITRATION AWARDS
U.N. CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF
FOREIGN ARBITRAL AWARDS
1. Recognition and enforcement of the award may be refused, at the
request of the party against whom it is invoked, only if that party furnishes to
the competent authority where the recognition and enforcement is sought,
(a) The parties to the agreement referred to in article II were, under the
law applicable to them, under some incapacity, or the said agreement is not
valid under the law to which the parties have subjected it or, failing any
indication thereon, under the law of the country where the award was made;
(b) The party against whom the award is invoked was not given proper
notice of the appointment of the arbitrator or of the arbitration proceedings
or was otherwise unable to present his case; or
(c) The award deals with a difference not contemplated by or not falling
within the terms of the submission to arbitration, or it contains decisions on
matters beyond the scope of the submission to arbitration, provided that, if
the decisions on matters submitted to arbitration can be separated from
those not so submitted, that part of the award which contain decisions on
matters submitted to arbitration may be recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral procedure
was not in accordance with the agreement of the parties, or, failing such
agreement, was not in accordance with the law of the country where the
arbitration took place; or
(e) The award has not yet become binding on the parties, or has been
set aside or suspended by a competent authority of the country in which, or
under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award may also be
refused if the competent authority in the country where recognition and
enforcement is sought finds that:
(a) The subject matter of the difference is not capable of settlement by
arbitration under the law of that county; or
(b) The recognition or enforcement of the award would be contrary to
the public policy of that country.
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United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards
The New York Convention
134 Signatories as of December 2003
Albania Georgia Nicaragua Uzbekistan
Algeria 1/ 2/ Germany b/ 1/ 11/ Niger Venezuela 1/ 2/
Antigua and Barbuda 1/ 2/ Ghana Nigeria 1/ 2/ Vietnam 1/ 2/ 3/
Argentina 1/ 2/ Greece 1/ 2/ Norway 1/ 5/ Yugoslavia
Armenia 1/ 2/ Guatemala 1/ 2/ Oman Zambia
Australia Guinea Pakistan Zimbabwe
Austria Haiti Panama current as of (12/03)
Azerbaijan Holy See 1/ 2/ Paraguay
Bahrain 1/ 2/ Honduras Peru Footnotes:
Bangladesh Hungary 1/ 2/ Philippines 1/ 2/ 1/ State will apply the Convention
Barbados 2/ Iceland Poland 1/ 2/ only to recognition and enforcement
Belarus 1/ 3/ India 1/ 2/ Portugal c/ 1/ of awards made in the territory of
Belgium 1/ Indonesia 1/ 2/ Qatar another Contracting State.
Benin Iran (Islamic Rep. of) 1/2/ Republic of Korea 1/ 2/ 2/ State will apply the Convention
Bolivia Ireland 1/ Republic of Moldova 1/ only to differences arising out of legal
Bosnia and Herzegovina 1/ 2/ Israel Romania 1/ 2/ 3/ relationships ... which are considered
Botswana 1/ 2/ Italy Russian Federation d/ 1/ 3/ as commercial under the national law.
Brazil Jamica 1/ 2/ Saint Vincent and the Grenadines 3/ With regard to awards made in
Brunei Darussalam 1/ Japan 1/ 1/ 2/ the territory of non-contracting States,
Bulgaria 1/ 3/ Jordan San Marino State will apply the Convention only to
Burkina Faso Kazakhstan Saudi Arabia the extent to which these States grant
Cambodia Kenya 1/ Senegal reciprocal treatment.
Cameroon Kuwait 1/ Singapore 1/
Canada Kyrgyzstan Slovakia For Updates to this list see:
Central African Republic 1/ 2/ Lao People's Democratic Republic Slovenia 1/ 2/ www.uncitral.org/en-index.htm
Chile Latvia South Africa
China 1/ 2/ Lebanon 1/ Spain
Colombia Lesotho Sri Lanka
Costa Rica Lithuania 3/ Sweden
Côte d' Ivoire Luxembourg 1/ Switzerland
Croatia 1/ 2/ Madagascar 1/ 2/ Syrian Arab Republic
Cuba 1/ 2/ 3/ Malaysia 1/ 2/ Thailand
Cyprus 1/ 2/ Mali The former Yugoslav Republic of
Czech Republic Malta 1/ 12/ Macedonia 1/ 2/
Denmark 1/ 2/ Mauritania Trinidad and Tobago 1/ 2/
Djibouti Mauritius 1/ Tunisia 1/ 2/
Dominica Mexico Turkey 1/ 2/
Dominican Republic Monaco 1/ 2/ Uganda 1/
Ecuador 1/ 2/ Mongolia 1/ 2/ Ukraine 1/ 3/
Egypt Morocco 1/ United Kingdom of Great Britain
El Salvador Mozambique 1/ and Northern Ireland 1/
Estonia Nepal 1/ 2/ United Republic of Tanzania 1/
Finland Netherlands 1/ United States of America 1/ 2/
France 1/ New Zealand 1/ Uruguay
Professor John Barkai --- University of Hawaii Law School -Page 17 -
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INTERNATIONAL ARBITRATION CENTERS
Compilied by John Barkai, Dec. 2002
International Centre for Settlement of Investment Disputes
1818 H Street, N.W.
Washington, D.C. 20433 http://www.worldbank.org/icsid
International Chamber of Commerce (ICC)
38, Cours Albert 1er
75008 Paris http://www.iccwbo.org
London Court of International Arbitration
The International Dispute Resolution Centre,
8 Breams Buildings,
London EC4A 1HP
World Intellectual Property Organization (WIPO)
34, chemin des Colombettes
1211 Geneva 20 http://www.arbiter.wipo.int
Australian Commercial Disputes Centre
Level 4 50 Park Street Sydney NSW 2000
The Institute of Arbitrators and Mediators Australia
Level 1, 450 Little Bourke Street,
Melbourne, Victoria, 3000
Australian Centre for International Commercial Arbitration
ACN 006 404 664
Level 1, 22 William Street,
Melbourne, Victoria 3000, Australia. http://www.acica.com
Bangladesh National Office of the ICC
Dhaka Chamber Building (Ground floor)
65-66, Motijheel Commercial Area
GPO Box 858 - Dhaka 1000
Bahrain Chamber of Commerce and Industry
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P.O. Box 248
Manama, State of Bahrain
GCC Commercial Arbitration Centre
P.O. Box 2338, Manama, Bahrain
Cambodia Centre for Conflict Resolution (CCCR)
c/o Cambodia Development Resource Institute
P.O. Box 622
British Columbia International Commercial Arbitration Centre
P.O. Box 27, Suite 1140
1090 West Georgia Street
Vancouver, BC, Canada V6E 3V7 http://www.bcicac.com
China International Economic and Trade Arbitration Commission (CIETAC)
6/F, Golden Land Building
32 Liang Ma Qino Rd.
Beijing 100016, P.R. China http://www.arbitration.org.cn
German Institution of Arbitration
Schedestraße 13, 53113 Bonn
Germany National Office of the ICC
Deutsche Gruppe der Internationalen Handelskammer,
Mittelstrasse 12-14, D - 506 72 Köln,
Postfach 10 08 26, D - 50448 Köln
Hong Kong International Arbitration Centre
38th Floor Two Exchange Square
8 Connaught Place
Hong Kong, China
E-mail: firstname.lastname@example.org http://www.hkiac.org
Indian Council of Arbitration
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New Delhi 110001 http://www.ficci.com/icanet
Indonesian Alternative Dispute Resolution Centre
Jalan Sisingamangaraja No 33-35, Kebayoran Baru, Jakarta 12120
Indonesian National Arbitration Board
Indonesian Chamber of Commerce,
c/o Kadin Indonesia-Gedung Chandra Lt5 Jalan M.H.,
Thamrin No.20, Jakarta 10350
Indonesia National Office of the ICC
c/o P.T. Prima Comexindo
BRI II Building, 24th Floor
JL. Jend. Sudirman 44-46 - Jakarta 10210
Japan Commercial Arbitration Association
Taishoseimei Hibiya Bldg.
9 1, Yurakucho 1 chome
Chiyoda ku, Tokyo 100 0006 http://www.jcaa.or
Japan Shipping Exchange Inc.
Tokyo Maritime Arbitration Commission,
Wajun Building 3F, Koishikawa 2-22-2, Bukyo-ku,
Korean Commercial Arbitration Board
World Trade Center, 43rd Floor
Seoul 135-729 http://www.kcab.org
Regional Centre for Arbitration Kuala Lumpur
12, Jalan Conlay,
50450 Kuala Lumpur http://www.klrca.org
Nepal Council of Arbitration
Ramshah Path, Kathmandu
G.P.O. Box 4865
Professor John Barkai --- University of Hawaii Law School -Page 20 -
Arbitrators' and Mediators' Institute of New Zealand Inc.
PO Box 1477, Wellington 6015
Philippine Dispute Center Inc. of the Philippine Chamber of Commerce and
G/F, East Wing Secretariat Building
Philippine International Convention Center (PICC)
Roxas Blvd., Pasay City
St. Petersburg International Commercial Arbitration Court
Admiralteiski pr. 12, St. Petersburg 190000
International Commercial Arbitration Court
at the Chamber of Commerce and Industry of the Russian Federation
6 Ilynka Street, Moscow 103012
Singapore International Arbitration Centre
1 Coleman Street #05-08
Singapore 179803 http://www.siac.org.sg
Arbitration Institute of the Stockholm Chamber of Commerce
P.O. Box 160 50
S-103 21 Stockholm http://www.chamber.se
Commercial Arbitration Association of the Republic of China
Suite 803, 8th Floor, Lotus Building
136, Jen-ai Rd., Sec. 3
Taipei, Taiwan, R.O.C.
Thai Arbitration Institute Ministry of Justice
Arbitration Office, Ministry of Justice
Criminal Court Building, 5th Fl.
Professor John Barkai --- University of Hawaii Law School -Page 21 -
London Court of International Arbitration (LCIA)
Hulton House, 6th Floor
161-166 Fleet Street
London EC4A 2DY http://www.lcia-arbitration.com
American Arbitration Association (AAA)
40 West 51st Street
New York, NY 10020-1203 http://www.adr.org
Vietnam International Arbitration Centre
33 Ba Trieu Street
To find the www sites for these centers, go to http://www.internationaladr.org
Professor John Barkai --- University of Hawaii Law School -Page 22 -