Arbitral case law or Arbitral precedent
The body of existing arbitral awards that may be referred to by parties in later disputes seeking a set of legal principles to support the arbitrators’ decision. Prior awards are referred to in relation to both arbitral procedure and substantive law. The vast majority of commercial arbitration awards are unpublished, but excerpts from many awards are published. Public international law arbitral awards (including the majority of awards in investment treaty arbitrations) have, on the other hand, very often been published and are frequently cited by parties in later cases. Unlike certain judgments in common law systems, arbitral case precedent is non-binding and is referred to only in support of arguments.
Glossary
- UNCITRAL
- Terms of Reference
- Swiss Chambers’ Court of Arbitration and Mediation (Swiss Chambers)
- Supporting judge
- Substantive law
- Sole arbitrator
- Singapore International Arbitration Centre (SIAC)
- Seat of arbitration
- Request for arbitration
- Provisional and conservatory measures
- Procedural law
- “Pathological clause”
- New York Convention
- Multiparty Arbitration
- London Court of International Arbitration – LCIA
- Lex Mercatoria
- Language of the arbitration
- Investment Arbitration or Investment Treaty Arbitration
- International public policy
- International Chamber of Commerce (ICC) International Court of Arbitration
- International Chamber of Commerce – ICC
- International Centre for Settlement of Investment Disputes (ICSID)
- International Arbitration
- Institutional Arbitration
- Independence and impartiality
- IBA Rules on the Taking of Evidence in International Arbitration
- Honk Kong International Arbitration Centre – HKIAC
- Exequatur
- Enforcement
- Competence – competence
- China International Economic and Trade Arbitration Commission – CIETAC
- Award by consent
- Award
- Arbitrator
- Arbitration rules
- Arbitration law
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
- Arbitration agreement
- Arbitration
- Arbitral tribunal
- Arbitral institution
- Appointing authority
- Amiable composition
- American Arbitration Association - AAA
- Ad hoc arbitration
- Action to set aside