Table of Contents
Print sources that publish arbitral awards and decisions issued in investor-state disputes tend to focus on arbitrations administered by a particular arbitral institution (ICSID, the Iran-U.S. Claims Tribunal, or NAFTA). Other print sources focus primarily on arbitral awards and decisions issued in commercial disputes between private parties and only offer limited coverage of awards in investor-state disputes.
With the proliferation of online platforms that focus on international arbitration, many print sources for arbitral awards have ceased publication in print and migrated online. If a source that was formerly published in print is available electronically, a link to the online resource, along with the dates of coverage, is provided. Note carefully the dates of coverage. For some older arbitral awards and decisions, especially those that predate ICSID, a print source may be the only option.
Primary Print Sources
The following print source focus exclusively or primarily on materials related to investor-state arbitrations.
- ICSID Reports. Call No. K3834 .A485 I56
This multi-volume series publishes decisions and awards issued in investor-state arbitrations administered by ICSID from 1972 to the present. Decisions and awards originally published in languages other than English are provided in English translation. Editorial enhancements include brief summaries of the facts, the claims, and the holding, along with headnotes identifying the main points of law addressed. Each volume includes a table of cases and an index.
- Digest of ICSID Awards & Decisions 1974-2002. Call No. K3834.A41965 H37 2013
- Digest of ICSID Awards & Decisions 2003-2007. Call No. K3834.A41965 H37 2009
Each digest contains concise summaries of decisions and awards issued in ICSID-administered arbitrations during the specified date range. The authors have included all substantive decisions that are not purely procedural in nature, some of which are unpublished, with the exception of decisions designated as confidential. Each digest includes a table of case names, a subject index, and an index of arbitrators.
- Iran-United States Claims Tribunal Reports. Call No. KZ239 .I7 I73
This 38-volume series contains all decisions and awards issued by the Iran-U.S. Claims Tribunal arranged in chronological order. Each volume in the series includes a consolidated subject index and a table of cases covering the entire series to date. Electronic access to the series is available on Westlaw.
- Investment Disputes Under NAFTA: Annotated Guide to NAFTA Chapter 11. Call No. K3830 .M455 2006
This resource provides article-by-article analysis of Chapter 11 of NAFTA, including summaries of decisions by arbitral tribunals that have interpreted each article. Arbitral decisions are not reproduced in full, but citations are provided, enabling users to retrieve the full text via NAFTA Claims or the U.S. State Department's website. The Law Library's print subscription ended in 2011. An updated electronic edition is available on Kluwer Arbitration.
- World Trade and Arbitration Materials. Call No. K2400 .A715
This bi-monthly resource selectively publishes the full texts of arbitral awards and court decisions, as well as World Trade Organization dispute settlement proceedings and related documentation. Most of the arbitral awards selected for publication involve investor-state disputes. The Law Library has volumes 6-22 (1994-2010) in print. Electronic access is available via HeinOnline (1989-2015) and Kluwer Law Online Journals (2000-present).
Additional Print Sources
The following print sources focus primarily on the arbitration of international commercial disputes between private parties or inter-governmental disputes between sovereign states, but they also include some materials related to investor-state arbitrations. If you can't find an investor-state arbitral award or court decision elsewhere, consult one or more of these sources.
- ASA Bulletin. Volumes 1-23 (1983-2005) Call No. K2400 .A13 B8. Online access via Kluwer Arbitration (1983-).
This quarterly journal publishes court decisions from Switzerland and landmark court decisions from other jurisdictions. It also publishes some arbitral decisions and awards, along with news and commentary. Much of the commentary is in English, but most awards and court decisions are in French or German.
- Collection of ICC Arbitral Awards. Call Nos. K2400 .A495 C65 and K2400 .A54
This multi-volume compilation reprints previously published arbitral decisions and awards issued under the procedural rules of the International Chamber of Commerce (ICC), some of which involve investor-state disputes. Includes a chronological index and an analytical table, which allow you to browse for awards by date or by topic. Chronological coverage by volume: Volume I (1975-1985), Volume II (1986-1990), Volume III (1991-1995), Volume IV (1996-2000), Volume V (2001-2007), and Volume VI (2008-2011). ICC arbitral awards from 1975-2004 are available on Westlaw.
- The ICC International Court of Arbitration Bulletin. Call No. K2400 .A13 I57
This annual publication includes extracts from significant awards issued under the ICC's arbitration rules, some of which involve investor-state disputes. Awards are arranged by ICC case number. Party names are omitted, but descriptions of the parties are provided along with a brief factual summary in English. Extracts of awards are published in their original language and are not translated into English. For electronic access, use the ICC Dispute Resolution Library (shared user name and password).
- International Arbitration Court Decisions. Call No. K2400 .A54 I573 2011
This resource reprints extracts and summaries of significant national court decisions previously published in The Stockholm International Arbitration Review and its predecessor, The Stockholm Arbitration Report. Each extract or summary is accompanied by commentary and analysis. All content is in English or English translation and is arranged alphabetically by jurisdiction.
- Lloyd's Arbitration Reports. (1988-1992) Call No. K2400.A495 L569
Selectively publishes the full texts of arbitral decisions and awards, as well as court opinions. Focuses primarily, but not exclusively, on maritime disputes. Includes both private party and investor-state disputes.
- Mealey's International Arbitration Report. Call No. KZ200 I.5
This monthly publication provides news and commentary about recent developments in international commercial arbitration, including including some investor-state arbitrations.. In addition, it selectively publishes arbitral awards and court decisions concerning the enforcement of arbitral awards. Also available on Lexis.
Sources for Older (Pre-ICSID) Decisions and Awards
For investment arbitrations that predate the modern era of investor-state dispute resolution under the ICSID Convention, consult the following print resources:
- Reports of International Arbitral Awards. Call No. KZ200 .A25 (electronic access via HeinOnline)
- History and Digest of the International Arbitrations to Which the United States Has Been a Party. Call No. KZ183.2 .A2 1995r (electronic access via HeinOnline)
Both of these multi-volume sets focus primarily on disputes between sovereign states, but they also include some early examples of investor-state disputes being resolved through arbitration. Use the alphabetical table of cases in each volume of each set to search by party name.