Duhaime's Law Dictionary


International Commercial Arbitration Definition:

A commercial dispute subject to arbitration and in which a significant international elements exists such as, for example, the head offices of the disputants are different countries or the performance of the underlying contract is in a foreign state.

The primary text at international law which defines international commercial arbitration is Chapter 1, §1(3) and §1(4) of the UNCITRAL Model Law on the subject.

It takes as a starting point the definition of commercial arbitration and then distinguishes international commercial arbitration as follows:

"(3) An arbitration is international if:

(a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or

(b) one of the following places is situated outside the State in which the parties have their places of business: (i) the place of arbitration if determined in, or pursuant to, the arbitration agreement; (ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or

(c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country."

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