Introduction

The regulatory framework of international commercial arbitration is complex. There are various sources that play a role – international conventions (especially New York Convention), national arbitration laws, arbitration agreement, arbitration rules (rules of institutions, rules for ad hoc arbitrations) and international arbitration practice. The New York Convention ensures the recognition and enforcement of arbitral awards throughout the world and thus is has contributed to the success of international commercial arbitration. In most cases, the particular national arbitration law is applicable if the seat of arbitration is located in that particular state. The mandatory rules of national arbitration law must be followed both by the parties and by arbitrators otherwise the fate of arbitral award may be threaten. Many states have adopted or followed UNCITRAL Model Law on International Commercial Arbitration in their legislations. No arbitration could exist without valid arbitration agreement. If the parties decide for institutional arbitration their arbitration agreement contains the reference to the arbitration rules of the chosen institution. If the parties decide for ad hoc arbitration they often refer to UNCITRAL Arbitration Rules. Arbitrators in many cases also apply international arbitration practice that includes rules that have been developed by the practice itself. At present, international arbitration practice also contains several set of codified rules. The best example is rules created by International Bar Association (IBA).

The aim of this chapter is to provide an overview of the sources and their relations. Many of them will be analysed in more details in the following chapters. After going through this chapter a student should be able: to name the most important sources of international commercial arbitration; to explain the relationships between the sources; to explain the importance of the New York Convention; to explain the role of national arbitration laws; to explain the role and importance of other sources.

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Sources of international commercial arbitration
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Sources of international commercial arbitration
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Further recommended sources – books

• BLACKABY, N., PARTASIDES, C., REDFERN, A., HUNTER, M. Redfern and Hunter on International Arbitration. 6th ed. Oxford: Oxford University Press, 2015, Chapter 1.
• BORN, G. B. International Commercial Arbitration. 2nd ed. Kluwer Law International, 2014, Chapter 1.
• GAILLARD, E., SAVAGE, J. Fouchard Gaillard Goldman on International Commercial Arbitration. Kluwer Law international, 1999, Part 1, Chapter II.
• GOMEZ, K. F., LOPER-RODRIGUEZ, A. M. (eds.) 60 Years of the New York Convention: Key Issues and Future Challenges. Kluwer Law International, 2019.
• LEW, J.D.M., MISTELIS, L. A., KRÖLL, S.M. Comparative International Commercial Arbitration. The Hague: Kluwer Law International, 2003, Chapter 2.
• MOSES, M.L. The Principles and Practice of International Commercial Arbitration. 3rd ed. Cambridge: Cambridge University Press, 2017. Chapter 1.
• VAN DEN BERG, A. J. The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation. The Hague: T.M.C. Asser Institute, 1981.

Further recommended sources – Articles, papers, electronic sources

• CORDERO-MOSS, G. Non-National Sources in International Commercial Arbitration and the Hidden Influence by National Traditions. Scandinavian Studies in Law. 2017, Vol. 63, pp. 23-44.
• KluwerArbitration [online]. Available from: http://www.kluwerarbitration.com/
• New York Arbitration Convention [online]. Available from: http://www.newyorkconvention.org/