Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute.
Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration.
However, the top 10 must-read ones are listed here with further detail on why they made our list:
#1 Is Arbitration Only As Good As The Arbitrator?
This question is so important. It is often the case that the arbitration procedure is as efficient and effective as the adjudicator / arbitrator. Arbitral awards cannot be appealed, unlike a normal court procedure. This book is important for experienced arbitrators or counsel for this very reason. You do not want to make an incorrect decision. This book offers information on various topics, such as:
- Arbitral discrimination under European and English law.
- Disputes between arbitrators and litigants.
- Freedom of arbitrators vs. rules of law.
- Relationships between practitioners and third parties.
- Confidentiality rules
This is the perfect book for practitioners and students. It offers a comprehensive guide on arbitral rules and the process itself.
#2 The Articulate Advocate: Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and Motions
The author of this book is Brian K. Johnson; he has trained various lawyers and attorneys and is the president of the consulting firm that offers these services. Therefore, he has extensive knowledge and information on arbitration.
This book teaches you valuable techniques when it comes to the practical aspect of law. A guide on how to act in a real-life court situation is critical because attorneys need to know how to be persuasive when speaking to practitioners. The Articulate Advocate teaches you exactly how to take control of a court or arbitration procedure. Everything you need to know, from utilizing the correct gestures to having the proper posture, using the tone of your voice correctly, and grabbing people’s attention, is discussed. It is an essential piece for any academics’ library so that you can review your skills and techniques if you feel that you are getting a bit rusty.
#3 International Arbitration: Cases and Materials (Aspen Casebook)
This book provides an extensive guide on international commercial arbitration. It is focused on the New York Convention and the UNCITRAL Model Law. The book provides examples that offer a thorough comparison of investment and national arbitration. It is easy to understand and offers a wide range of features. These features include:
- Arbitration rules and amendments
- New sections that discuss arbitration clauses
- It includes amendments to indicative national arbitration legislation in Singapore, France, and other areas in Europe, Asia, and the United States.
- Effective extracts from cases and new arbitral awards.
#4 Practitioner’s Handbook on International Commercial Arbitration
Frank-Bernd Weigand is the author, along with Antje Baumann. Weigand is a partner at Skorczyk & Weigand’s law firm and is A.T.U’s head of legal services. Baumann founded the Baumann Disputes legal practice. She worked as a practitioner of dispute resolutions for many years and is thus an expert on the subject matter.
This book provides information about arbitration systems, including an analysis of arbitration rules, such as those in the New York Convention. This edition provides an overview for all practitioners at work as it was written by leading academics. There is a combination of practical and legal work that provides a useful review of cases across the United States and other countries.
#5 Opinions: Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters
Stuart M. Israel is the author of this book and a labor lawyer. Barry Goldman is also the author, and he is a mediator and one of the many long-term arbitrators.
This insightful book could appeal to a wide range of readers as it adopts a very practical analysis of the legal field. It is based on teaching attorneys and practitioners to put their opinions aside when coming to conclusions regarding their legal work. This is most definitely a thought-provoking book. As somebody who implements the law, it is critical to remain neutral and impartial when it comes to making an analysis of a situation. This book also has its’ own special twist on things, as it brings humor into things as well. A book with wisdom, insightful questions and perceptions, and humor; what more could you ask for?
#6 International Investment Arbitration: Substantive Principles (Oxford International Arbitration Series)
This book is available in both an online and hardcopy version. Campbell McLachlan is the author of this book, along with Laurence Shore and Matthew Weiniger. Campbell was first a practitioner and later became a professor. Laurence Shore has had plenty of experience in dealing with the United States laws; he specializes in litigation and international commercial arbitration. Weiniger is an advocate, leading in public and private international laws and litigation. He has dealt with a number of arbitration cases.
The key areas covered in this book include:
- How disputes arise
- The legal basis of treaty arbitration
- Dispute resolutions
- Foreign investors, including foreign control and various other factors.
- Investors’ rights, contracts, and honest treatment
- Remedies and compensation
Cross border arbitration is more popular than investor-state arbitration. This second edition is fully updated and makes use of all arbitration rewards based on previous years. You cannot afford not to have this book if you are a practitioner or student. It is the most comprehensive and updated piece of work available.
#7 Conflicts of Interest in International Arbitration: An Overview
This book is available in both an online and paperback version. This book is useful to learners and professionals who need to be able to apply legal rules as well as principles to practical, real-life situations in the courts. This is a review of the entire arbitration procedure and the core elements of the law. A summary and review are available of the approaches adopted by various courts in multiple countries, such as England, France, and Switzerland. If you would like to be challenged in the field of international arbitration, then this book is ideal for you.
#8 Take the Witness: Cross-Examination in International Arbitration
Lawrence W. Newman is the author of this title. Timothy G. Nelson is also an author of the book, as well as various other contributing authors. Newman has had his fair share of court experience. He practiced as an attorney in the Southern District of New York for five years. He was also a member of the New York litigation department, which became the world’s leading law office. Needless to say, you could benefit from his knowledge. Nelson has also had his fair share of experience as a partner who dealt with international litigation and arbitration. He has represented clients globally.
The book is a high-quality text available on the subject matter. It is a review on mastering the art of cross-examination, a tool that all practitioners need to be able to implement. It makes use of the techniques utilized by various attorneys and adjudicators. A variety of easy-to-read essays are available; therefore, there is a great deal of knowledge to be gained from this book. Finding a negative review of this text is close to impossible.
#9 Redfern and Hunter on International Arbitration
An online version of this book is available, as well as a paperback version. The authors of this book are Nigel Blackaby, Constantine Partasides, Alan Redfern, and Martin Hunter. All of these professionals have acted as mediators with a number of firms. They have had experience in drafting contracts and applications.
The text includes a review and analysis of the practice of arbitration and the different elements of the law. It discusses several factors, such as:
- International arbitration processes
- Drafting of arbitration agreements
- Implementation of arbitral awards
- References of rules, developments, as well as international arbitral practice and authority.
All of these details are examined in detail, and all applicable laws are covered and commented on.
#10 International Investment Law and Arbitration: Commentary, Awards, and Other Materials
Chin Leng Lim is a professor and has acted on a state international law counsel at a point in time. Jean Ho, another author, is also a professor. She previously practiced arbitration and investment law. The final author is Martins Paparinskis. He has a great deal of knowledge based on previous legal ventures.
This book may be the ideal guide for postgraduate law learners. It may be used by anyone involved in the practice of law. Various rules, procedures, and principles are discussed. It deals with and provides a review of international dispute practice. It provides information on the past and up to date material. The book aims to review a wide selection of historical sources and materials. It discusses many developments and opens up room for debate. It provides a great deal of support by providing:
- Commentary on all materials
- Questions to test your understanding
- Reading lists that enable you to understand further and explore your knowledge of the subject matter.
The Verdict Is In
There are many resources available that govern the use of and practice of arbitration. As a practitioner, you should constantly be improving your knowledge of your profession. The law is constantly expanding; thus, there is always something new to learn. These 10 arbitration resources books are going to ensure that you are well on your way to becoming a better advocate for the law and a skilled arbitrator.
Mark holds a Ph.D. in Leadership (Alliant's Marshall Goldsmith School of Management), an MBA in Finance (Pepperdine’s Graziadio School of Business), a Master's in Dispute Resolution (Straus Institute for Dispute Resolution, at Pepperdine Caruso School of Law) and a BSc in Urban Planning (Cal Poly Pomona).
[email protected]
- Average Settlement Offers During Mediation - March 12, 2024
- What is Business Litigation? - March 8, 2024
- Solve vs. Resolve: What’s the Difference? - February 7, 2024