Table of Contents
Getting Started with Kluwer Arbitration
Logging in to Kluwer Arbitration
Logging out of Kluwer Arbitration
Bilateral Investment Treaties (BITs)
Kluwer Arbitration Smart Charts
Working with your Search Results
Examples of Using Boolean Operators
Welcome to Kluwer Arbitration
Kluwer Arbitration is the world's leading online resource for international arbitration research. It contains a wealth of commentary from expert authors and an extensive collection of primary source materials. Plus, as a subscriber you gain access to exclusive materials, including one of the world's largest collection of ICC awards.
No other resource comes close to providing the breadth and depth of KluwerArbitration.com.
Searching and browsing is quick and simple, as the database has been organized into the following specific arbitration categories: Bilateral Investment Treaties (BITs), Conventions, Countries, Legislation, NY Convention Decisions, Organizations, and Rules. Each main category is further grouped into the following regions: Asia, Europe, Africa, North America, South America, and Oceania. Once a region is selected, all countries containing documents in the selected category will display.
KluwerArbitration includes:
- Primary materials:
- Bilateral Investment Treaties: almost 1,700 bilateral investment treaties;
- Case Law: over 5,000 court decisions and 1,750 awards;
- Conventions: 25 multilateral treaties;
- Legislation: almost 500 laws for key jurisdictions;
- Model Clauses: close to 100 model clauses from major arbitral institutions; and
- Rules: over 400 rules from major arbitral institutions.
- Analytical content:
- 88 books;
- 5 journals; and
- 2 loose-leafs.
- Blog posts from the Kluwer Arbitration Blog.
- ITA Report including materials provided by the board of reporters of the Institute for Transnational Arbitration (ITA).
- Practice Tools:
- 3 Smart Charts edited by Clifford Chance LLP
- IAI Arbitrator Tool developed in conjunction with the International Arbitration Institute
The above types of content are drawn from
- Content possessed by Kluwer Law International, as published by the company in print and administered by the
Developmental Editor.
- Such content gained through publication in arbitration journals (Arbitration International, ASA Bulletin and the Journal of International Arbitration) and loose-leafs (NAFTA Chapter 11 and the ICCA Handbook on International Commercial Arbitration) is included automatically and indiscriminately, including all past and future issues/supplements.
- Such content gained through publication in arbitration books is included only upon selection, save for the materials published in the ICCA Yearbook Commercial Arbitration, which are also included automatically and indiscriminately, including all past and future issues.
- Content licensed by Kluwer Law International, as published by other publishing companies but provided for inclusion
in the database. At present such content encompasses:
- all issues of the Revue de l'arbitrage journal from 1986 onwards;
- all issues of the Asian International Arbitration journal;
- the book Law and Practice of International Commercial Arbitration (4th ed., 2004) by Redfern, Hunter, Blackaby and Partasides; and
- the book Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration 1997-2000 (2003) by Eldin.
- Content delivered to Kluwer Law International, as provided by third parties for inclusion in the database only.
- Bilateral Investment Treaties, dates provided bi-annually by Freshfields Bruckhaus Deringer, documents provided by Penn State;
- Conventions, court decisions and awards, legislation, model clauses, newsletter and rules, all provided monthly by the ITA if not featured in possessed or licensed publications;
- Organizations, provided by Kluwer; and
- All blog entries posted on the Kluwer Arbitration Blog.
- For a full overview of the wide range of print publications included in the online database, please consult the books and journals pages.
- Content from Practice Tools provided for the Smart Charts by Clifford Chance LLP and the IAI Arbitrator Tool from International Arbitration Institute (IAI).
With Kluwer Arbitration, you can:
- Browse for specific documents.
- Use the search function to quickly find the documents you need.
- Print and/or email selected documents.
Getting Started with Kluwer Arbitration
Minimum System Requirements
The following minimum recommended system requirements are required to use Kluwer Arbitration.
Internet Browser
- Microsoft Internet Explorer version 5 or later. (Download the most recent version of Internet Explorer at http://www.microsoft.com);
- JavaScript and Cookies turned on;
- Pop-up blocker turned off;
Operating System
- Microsoft Windows 98 or later;
Other Software
- A recent version of the Adobe Acrobat Reader. (Download
the most recent Acrobat Reader version at
http://www.adobe.com/products/acrobat/readstep2.html).
Logging in to Kluwer Arbitration
Subscribers will only be able to view documents within the Kluwer Arbitration database after having logged in to the website. Customers with IP-based access will be logged in to Kluwer Arbitration automatically.
To log in to Kluwer Arbitration:
- Find and click the Login link near the upper-right side of the page. The Login page will display.
- Enter your User ID and Password.
- Click the Login button. The home page will display.
You are now logged in to the Kluwer Arbitration application and can access all documents contained within the database. Near the upper-right side of the page you will see your display name next to the Log off link.
Note: Kluwer Arbitration may also be accessed through IRN/Intelliconnect.
Logging out of Kluwer Arbitration
To log out of Kluwer Arbitration:
- Find and click the Log off link near the right-hand side of the page and next to the display name.
You are now logged out of the Kluwer Arbitration application.
Browsing for Documents
All materials are grouped into 7 browsable categories in the Browse Categories section on the home page or by rolling over the Browse Categories button on the top menu. Additionally, Books, Journals, and newly added items to the database are also browsable.
Bilateral Investment Treaties (BITs)
About the BITs Browse Category
The BITs Browse Category, compiled in association with Freshfields Bruckhaus Deringer and Penn State, is an overview of all ICSID Contracting States that have entered into bilateral investment treaties (and bilateral free trade agreements) with other ICSID Contracting States.
For each country, a table shows all the countries with which a BIT has been entered into. The date of signature and (if available) entry into force are also provided.
For BITs entered into by/with states that are not signatories to ICSID, for example Canada, Mexico, Poland and Turkey, please consult the Countries Browse Category for these countries or use the Search Engine. Further information can be found in the Guide to ICSID Arbitration by Lucy Reed, Jan Paulsson & Nigel Blackaby, also included in Kluwer Arbitration.
Browsing for BITs
To browse for BITs:
- Select Browse Categories, then select BITs from the
top menu. The BITs page will display.
Note: From the Browse categories section on the home page, you can also click the BITs link to display the BITs page. - Use the Country Selector dropdown menu to select a country.
The document list of BITs will display for the selected country, including
signature date and (if available) entry into force date and full text of
the BIT.
Note: Clicking a BIT link in the Full Text Document column will display the full text of the BIT for the selected countries. Clicking a country's link in the Country column will display all BITs for the selected country.
Conventions
About the Conventions Browse Category
The Conventions category contains the most important conventions dealing with arbitration. If available, documents in this category will contain a link to a list of Contracting States.
Browsing for Conventions
To browse for conventions:
- Select Browse Categories, then select Conventions
from the top menu. The Conventions page will display.
Note: From the Browse categories section on the home page, you can also click the Conventions link to display the Conventions page. - Click a convention link. The selected convention page will display with corresponding documents listed.
- Click a document link. The selected document will display.
Countries
About the Countries Browse Category
The Countries category allows you to browse materials on the site by country, including: organizations, court decisions, BITs, awards, legislation, rules and commentary. This means that if you are researching a specific country you will be able to find all the relevant information in one easy to use repository.
Browsing for Countries
To browse for countries:
- Select Browse Categories, then select Countries
from the top menu. The Countries page will display.
Note: From the Browse categories section on the home page, you can also click the Countries link to display the Countries page. - Click a countries link. The selected countries page will display, with materials provided over the following 7 tabs: General (providing a list hyperlinks for the arbitral institutions of the selected country and related rules and awards where available), court decisions, BITs, awards, legislation, rules and commentary.
- Click a document link. The document will display.
Note: To access the Countries page for another country, please select that country from the Country Selector.
Legislation
About the Legislation Browse Category
The Legislation category provides direct access to the texts of national laws by country. Please note that this category also includes old versions of these documents that are no longer applicable but are still valuable for research.
Browsing for Legislation
To browse for legislation:
- Select Browse Legislation, then select Legislation
from the top menu. The Legislation
page will display.
Note: From the Browse categories section on the home page, you can also click the Legislation link to display the Legislation page. - Click a countries link. The selected countries page will display with the legislation tab activated and corresponding documents listed.
- Click a document link. The selected document will display.
Note: To access the Legislation tab for another country, please select that country from the Country Selector.
NY Convention Decisions
About the NY Convention Decisions Browse Category
The NY Convention Decisions browse category has been developed together with the International Council for Commercial Arbitration (ICCA) to allow users to better conduct research on the New York Convention and on related court decisions. By simply selecting an article of the convention and one of Prof. Albert Jan van den Berg's topics, you can access all associated court decisions in the database convention, as well as a wide range of corresponding commentary.
Browsing for NY Convention Decisions
To browse for NY Convention decisions:
- Select Browse Categories, then select NY Convention
Decisions from the top menu. The NY Convention Decisions page will
display, beginning with Article I, topic 001.
Note: From the Browse categories section on the home page, you can also click the NY Convention Decisions link to display the NY Convention Decisions page. - Select one of the NY Convention topics devised by Prof. Albert jan van den Berg located under All Topics. Each topic is related to one of the fifteen articles of the NY Convention, which can be selected below, under Articles.
- After having selected a topic or article, you can read the text of the article and all related topic on the first tab. Note: If you have selected a topic, the related court decisions and commentary documents will be displayed on separate tabs.
- Click a document link. The document will display.
Organizations
About the Organizations Browse Category
The Organizations category provides direct access to a directory of the world's most significant organizations, providing a list of hyperlinks for the arbitral institutions and related rules and awards where available.
Browsing for Organizations
To browse for organizations:
- Select Browse Categories, then select Organizations
from the top menu. The Organizations page will display.
Note: From the Browse categories section on the home page, you can also click the Organizations link to display the Organizations page.
The Organizations page includes the following three linkable columns:
- Organization which links to the organization website,
- Rules (if available) which links to a document list of rules associated with an organization, and
- Awards (if available) which links to a document list of awards associated with an organization.
- To browse for other organizations, please select a country from the Country Selector, whereby the general tab provides a list hyperlinks for the arbitral institutions of the selected country and related rules and awards where available.
Rules
About the Rules Browse Category
The Rules category provides direct access to a directory of the world's most significant organizations, providing a list of hyperlinks for the arbitral institutions and related rules and awards where available. Please note that this category also includes old versions of these documents that are no longer applicable but are still valuable for research
Browsing for Rules
To browse for Rules:
- Select Browse Categories, then select Rules from
the top menu. The Rules page will display.
Note: From the Browse categories section on the home page, you can also click the Rules link to display the Rules page.
The Rules page includes the following three linkable columns:
- Organization which links to the organization website,
- Rules (if available) which links to a document list of rules associated with an organization, and
- Awards (if available) which links to a document list of awards associated with an organization.
- To browse for other rules, please select a country from the Country Selector, whereby the general tab provides a list hyperlinks for the arbitral institutions of the selected country and related rules and awards where available. The rules are also listed in full under the rules tab.
Books
About the Books Section
The Kluwer Arbitration virtual library includes a wealth of authoritative publications from the extensive Kluwer Law International arbitration catalogue.
Browsing Books
To browse Books:
- Select Books from the top menu. The Books
page will display with a document list.
Note: You can also click the Books tab next to the Journals tab, then click the All books link to display the Books page. - Sort the title list by Title, Author, or Year.
- Click a title link. The selected title will display as a document list, providing page range, author and title for all the documents related to the selected book.
- Click a document link. The selected document will display.
Journals
About the Journals Section
The Kluwer Arbitration virtual library also includes all issues of five of the world's leading arbitration periodicals:
- Arbitration International, edited by William W. Park and published quarterly, including volumes 1 (1985) to date (ISSN 0957-0411);
- ASA Bulletin, edited by Pierre Lalive and Matthias Scherer and published quarterly, including volumes 1 (1983) to date (ISSN 1010-9153);
- Asian International Arbitration Journal, edited by Michael Pryles and Phillip Chan and published biannually, including volumes 1 (2005) to date (ISSS 1574-3330);
- Journal of International Arbitration, edited by Michael J. Moser and Dominique Hascher and published bimonthly, including volumes 1 (1984) to date (ISSN 0255-8106); and
- Revue de l'Arbitrage, edited by Philippe Fouchard and Charles Jarrosson and published quarterly (please note that there is a six-month embargo, as a result of which the website will always lack the two latest journal issues), including volumes 1986 to date (ISSN 0556-7440).
Browsing Journals
To browse Journals:
- Select Journals from the top menu, then select one
of the five periodicals from the drop-down menu. The selected Journals
page will display with a list of volumes for the selected journal. You can
collapse/expand the list of volumes by clicking the minus/plus sign.
Note: You can also click the Journals tab between the Books tab and Recently Added to the Site tab to display the five periodicals. - Click a volume link. The selected volume will display with a list of issues.
- Expand the issue you would like to view by clicking the plus sign. The document list will display for the selected issue. You can sort the document list by Issue or Page.
- Click a document link. The selected document will display.
New on the Site
About the New on the Site Section
The New on the Site section displays recently added items to the Kluwer Arbitration database over a period of 30 circa days. These items are also displayed separately on the home page under:
- the Latest news and blog posts heading, where news and materials provided by the ITA Board of Reporters and blog posts from the Kluwer Arbitration Blog are listed as links when uploaded to the site, together with online publication date and contributor name; and
- the Recently added materials tab, where new print content is listed as links when uploaded to the site, together with issue details and online publication date.
The items are listed together in the New on the Site section, indicating whether they are news and materials, blog posts or recently added materials.
Browsing what is New on the Site
To browse what is new on the site:
- Select New on the Site from the top menu. The News
and Latest Updates page will display.
Note: You can also click the Recently added materials tab next to the Journals tab, then click the All news link at the bottom to display the News and Latest Updates page.
Note: You can also click the All news link at the bottom of the Latest news and blog post section to display the News and Latest Updates page. - Click a document link. The selected document page will display.
IAI Arbitrator Tool
About the IAI Arbitrator Tool
The IAI Arbitrator Tool has been developed in conjunction with the International Arbitration Institute (IAI). The IAI maintains a Directory of members that is considered one of the best sources of biographical information on arbitration specialists. It contains biographical details of over 600 members in 44 countries.
The IAI Arbitrator Tool allows you to search the IAI Directory and compare the members’ details. In addition, the tool links up to members’ publications and awards in the Kluwer Arbitration database. The IAI Arbitrator Tool contains profiles of all IAI members that have provided their consent to be involved.
Using IAI Arbitrator Tool
Using the IAI Arbitrator Tool you can search for an arbitration specialist either by name or critera.
To search by name:
- Type the arbitrator's name in the text box. The text box will provide suggestions based on the letters typed.
- Select one of these suggestions by using the cursor or the arrow keys. Clicking Search or pressing Enter on your keyboard will display the details for the selected IAI member at the bottom of the page, including:
- Name
- Nationality
- Country of residence
- Language(s)
- Academic position(s)
- Experience as arbitrator
- Experience as counsel
- Recent publication(s), including links to documents available on Kluwer Arbitration
- Recent award(s) , including links to documents available on Kluwer Arbitration
- Bar Admission(s)
To search by criteria:
- Search for an arbitrator based on certain criteria:
- Nationality
- Excluded Nationality
- Country of Residence
- Language(s)
- Experience as Arbitrator
- Experience as Counsel
- Select or omit these criteria for your search by scrolling down and ticking the relevant boxes under the categories provided.
- Click on Search or press ‘Enter’ on your keyboard to display the results of your search at the bottom of the page, with the name, nationality and country of residence specified for all the IAI members that conform to the criteria selected.
Note: The list of details for each arbitrator can be expanded or collapsed by pressing the + or – buttons. - Compare an unlimited number of arbitrators from your criteria based search for further research.
- Select the arbitrators you are interested in by checking the relevant boxes or by checking the Select all box. Click Compare or press ‘Enter’ on your keyboard to display a side-by-side comparison of all the IAI members selected. Note: To view the IAI Directory in general or view the full IAI profile of an arbitrator in particular, please click the hyperlinks highlighted by the green IAI logo. This will take you to the relevant page of the http://www.iaiparis.com website.
Kluwer Arbitration Smart Charts
About the Kluwer Arbitration Smart Charts
The Smart Charts have been edited by Audley Sheppard, Head of International Arbitration Group, Clifford Chance LLP, with the assistance of James Dingley, Clifford Chance LLP, and a dedicated team of country contributors.
The question and answer Smart Charts allow you to quickly examine and/or compare specific content by particular jurisdiction or arbitral institution. The charts include:
- Drafting an Arbitration Agreement
A comparative summary of the main components of arbitration agreements across key jurisdictions. It assists with the drafting of valid and binding arbitration agreements and helps ensure that awards rendered in those jurisdictions are not subject to challenge, or have difficulty being enforced. - Sovereign Immunity
A comparative summary of the circumstances in which, and legal basis on which, immunity from enforcement may be claimed by States and State entities across key jurisdictions. It assists with dispute management and planning and with enforcement once a favourable Award has been rendered. - Arbitral Institutions
An at-a-glance comparative summary of the procedural rules of the major international Arbitral Institutions.
Using the Kluwer Arbitration Smart Charts
Each set of Smart Charts is accessible in three simple steps. After having chosen a particular set of Smart Charts do the following:
To use the Kluwer Arbitration Smart Charts:
- Select one or more jurisdictions or arbitral institutions (depending on the type of Smart Charts chosen) that you would like to compare by checking the relevant boxes. Then press Next at the bottom of the screen.
- Select one or more topics/sub-topics/questions that you would like to examine for the jurisdiction(s) or arbitral institution(s) selected previously. Then press Next at the bottom of the screen.
Note: To return to the previews screen to review and/or amend your selection, press the Prev button. Also, the list of topics/sub-topics can be expanded or collapsed by pressing the + or – buttons. - Review the results of your selection.
- To go back a step to review and/or amend your selection, press the Prev button at the bottom of the screen.
- To undertake a fresh query, press ‘Start Over’.
Searching for Documents
Quick Search
About Quick Search
The Quick Search feature enables you to search and refine results afterwards throughout all content categories and sources wherever you are on the site. To refine your search beforehand, please use the advanced search form to combine two or more search fields.
Performing a Quick Search
To perform a quick search:
- Type your term(s) in the search text field.
Note: The Search field is located above the ITA Report section on the home page and on the upper right part of the page throughout the rest of the Kluwer Arbitration website. - Click the Find button or press enter to perform your search. A search results list will display. The search results are displayed and sorted in reverse chronological order. Also, your search results are divided further over multiple tabs located at the top of the list, representing the different document types.
- Click a document link. The selected document will display.
Advanced Search
About Advanced Search
The Advanced Search form includes a variety of options for performing a customized, advanced search. The Advanced Search page includes various free text search term fields, date restrictors and drop down lists that allow you to further customize your search.
Advanced Search Filtering Fields
The Advanced Search page contains the following search fields:
- Free text
Enter any word(s) or phrase(s) that may exist within the title and/or the full text of a document. - Word(s) in title
Enter any word(s), phrase(s) or number reference(s) as published in the title. - Author(s)
Enter any author's or editor's surname: 'Paulsson'; 'van den Berg.' - Date
Select day, month, and year as From and To dates to search for documents within a specificied range of dates. - Country
Click the country dropdown menu to display a list of countries. Select a country to list all documents related to the selected country. - Country Group
Click the country group dropdown menu to display a list of groups of countries. Select a country group to list all documents related to the selected country group. - Organization
Click the organization dropdown menu to display a list of organizations. Select an organization to list all documents related to the selected organization. - Source
Click the source dropdown menu to display a list of publications. Select a source to list all documents related to the selected publication. - Party
Enter any word(s), phrase(s) or number reference(s) as published as the party name(s). - Topic
Click the topic dropdown menu to display a list of topics. Select a topic to list all documents related to the selected topic. - Text type
Click the text type dropdown menu to display a list of text types. Select a text type to list all documents related to the selected text type. - Applied legislation/group
Click the applied legislation/group dropdown menu to display a list of laws and conventions. Select a law or convention to list all documents related to the selected applied law or convention.
Performing an Advanced Search
To perform an advanced search:
- Click the advanced search link.
Note: The advanced search link is located above the ITA Report section on the home page and below the Search text field on the upper part of the page throughout the rest of the Kluwer Arbitration website. - Enter your search terms in the Filtering Fields (Free text, Words in title, etc).
- Click the Find button or press enter to perform your search. A search results list will display. The search results are displayed and sorted in reverse chronological order. Also, your search results are divided further over multiple tabs located at the top of the list, representing the different document types.
- Click a document link. The selected document will display.
Working with your Search Results
About your Search Results
Once you have entered your search criteria and processed your search, your search results list will display. At this point, you will have the option to open a single document or to select multiple documents to email or print. You will also have the option to narrow down the displayed results by using the following:
- the document type tabs at the top of the search results list (i.e. commentary, court decisions, awards, rules and legislation), or
- the search results filters to the left of the search results list
Search Tips
Using Wildcards
The Asterisk (*) Wildcard
When using an Asterisk (*) Wildcard, type an asterisk (*) in place of a character in your search term to indicate that any number of characters can be substituted in place of the asterisk.
For example, if you type arbitra* as your search term, your results will include arbitrability, arbitration, arbitrations, etc.
The Double Quotes (" ") Wildcard
Use double quotes (" ") to define a phrase rather than a simple collection of terms.
Using Boolean Connectors
Boolean connectors are words that are used to combine different kinds of searches within one field.
You can use the following Boolean operators to refine your search term(s):
- AND
Use AND to search for documents containing each term at least once. - OR
Use OR to search for documents containing at least one of the terms. - AND NOT
Use AND NOT to search for documents containing the first term but not the second term.
Examples of Using Boolean Operators
- contract AND termination
Will find hits in which both "contract" and "termination" occur either combined or not combined. - arbitrability OR bias
Will find hits in which either term or both terms occur at least once. - arbitrability AND NOT bias
Will find hits in which only the term "arbitrability" occurs and not the term "bias". - investments AND international AND NOT commercial
Will find hits in which both the terms "investments" and "international" occur, separately or combined, but not the term "commercial".
Managing Document Lists
Emailing Documents
Kluwer Arbitration enables you to email selected documents from a document or search results list.
To email your documents:
- Select one or multiple documents by checking the check box next to each document that you want to email.
- Select Email Selected from the Email Selected/Print Selected drop down menu.
- Click the Go button. The Email Content page will display.
- Enter the recipients email address in the E-mail a Collegue text field your email address in the Your Email text field.
- Click the Email button to email the documents to the entered email addresses.
Recipients will receive a header in their email, not the whole document. Clicking the header will take the recipient back to the specific document on Kluwer Arbitration. Note: Recipients of emailed documents also need to be Arbitration subscribers to be able to open the documents sent to them.
Tip! Multiple documents can be selected at one time. To select all the listed documents, click the Select all button.
Printing Documents
Kluwer Arbitration enables you to print selected documents both from a document or search results list and from individual documents.
To print documents from a document or search results list:
- Select Print Selected from the Email Selected/Print Selected dropdown menu.
- Check the check box for the document you want to print.
- Click the Go button. The Print Preview page will display for the selected document(s).
Tip! Multiple documents can be selected at one time. To select all the listed documents, click the Select all button.
To print individual documents:
- Select and open the document of your choice.
- Click on the printer icon. The Print Preview page will display for the selected document.
- Use the print functionality of your browser to print the document as displayed in the Print Preview Page.
Other Features
Kluwer Arbitration Blog
Kluwer Arbitration Blog is a publication of Kluwer Law International providing information and news on international arbitration. We have gathered together leading experts from law firms, arbitration institutions, and academia to report on the latest developments. They in turn have enlisted professional colleagues of diverse backgrounds to offer both established and new voices into the mix. The result is a fresh, high-quality, and timely examination of the world of international arbitration.
The Kluwer Arbitration Blog consists of regular entries of commentary and description of events. Entries are displayed in reverse-chronological order.  The main page has a contributors section that lists the latest posts from the frequent contributors to the Kluwer Arbitration Blog. You can also view Summaries and Full Text versions of RSS feeds. Additionally, you can search blogs by categories, Contributor List, Affiliates List, or Archives. Finally, readers are encouraged to leave comments with each post.
ITA Report
The ITA Report is a periodic overview of all the news and materials covered by the ITA Board of Reporters and added to the Kluwer Arbitration database, which is sent to subscribers via email. Customers can subscribe to the ITA Report by signing up to on the home page in the ITA Report section.