1、Private International Legal Research: An Introduction.ALR International LawFebruary 18, 2004What is private international law? The body of international law that governs mainly commercial and business disputes among countries or private parties. International jurisdiction through treaty application

2、or national courts apply concepts of international law, depending on the type of dispute (could be several claims in one suit). Three levels of international trade agreements: bilateral relationships, multilateral relationships, supranational relationships, and regional agreements.Starting Research

3、in this area: Consult a research guide, bibliography, or website with a collection of links for the subject matter. Locate the applicable International Agreements/Treaties. Look for laws, regulations, restrictions, and special arrangements in the country that has jurisdiction over the claim.UNCITRAL

4、 UN Commission for International Trade Law.UNIDROIT Intl Institute for the Unification of Private Law.Hague Conference on Private International Law and Conventions:Private Intl Law in the U.S.Other places to start research after establishing topic . . . Research Guides. Bibliographies. Web Collectio

5、ns.Web Collections:International Agreement Collections:Major Multilateral and Regional Agreements:Other Considerations . . . Major international organizations involved in trade and related issues. U.S. Government Resources. Country Guides (e.g. “Doing Business in). Statistics EUROSTAT: http:/europa.

6、/comm/eurostat/. ARBITRATION / DISPUTE SETTLEMENTIntl Commercial Arbitration -Reasons for Choosing ArbitrationDistrust of a foreign legal system by one or more parties. Avoid long delays in court systems. Resolution of dispute by someone w/expertise in a particular business. Exercise more cont

7、rol by specifying governing rules. Avoid problem of lack of intl standard on the enforceability of foreign judgments. Types of Arbitration - Institutional vs. Ad Hoc (mentioned above). State vs. Private Parties. Specialized vs. General Purpose Institutions.Treaties - Aim to facilitate international

8、commercial arbitration across national borders. United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (New York Convention), 330 U.N.T.S. 3, 21 U.S.T. 2517 (June 10, 1958). Convention on the Settlement of Investment Disputes Between States and Nationals of O

9、ther States (Washington Convention), 575 U.N.T.S. 159, 17 U.S.T. 1270 (March 18, 1965).Major Arbitral Institutions - Arbitration Rules - Decisions/Awards - Internet Resources & Online Databases:BNA Intl Trade ReporterWestlaw Databases:http:/.All Databases International/Worldwide Materials Multi-

10、National Materials “Rules and Regulations” (includes arbitral rules).All Databases International/Worldwide Materials Multi-National Materials “Cases” (includes commercial arbitral cases “ICA-CASES”).Treatise = “International Commercial Arbitration - Commentary”; Also, International Commercial Arbitr

11、ation Treaties: “ICA-TREATIES”.Lexis Databases:http:/.ADR Tab “Legal News” “International Arbitration: Mealeys Litigation Report” (1993-present).ADR Tab “Model ADR Practices and Procedures” “CPR Institute for Dispute Resolution” “Intl ADR”.ADR Tab “Law Reviews & Journals” includes some intl coverage (e.g. Central and East