With the highest number of reported decisions ever, the 2023 Yearbook contains 120 court decisions from 27 jurisdictions. Among the highlights are fifty court decisions from Singapore, prepared in cooperation with the Singapore International Commercial Court, which substantially update the Yearbook’s reporting from this jurisdiction. This year’s volume also features, for the first time, three decisions rendered on the ICSID Convention by the courts of Luxembourg, Portugal and Ukraine.
Compared to previous years, the Yearbook comes with a number of innovations.
Focus on court decisions
This volume marks a substantive change in the Yearbook Commercial Arbitration. Awards, which have been reported in the Yearbook since 1976, are published as of this year in a new publication solely devoted to arbitral awards: the ICCA Awards Series (available online at KluwerArbitration.com). The Yearbook, in turn, now presents a broader selection of court decisions that apply the 1958 New York Convention, the 1965 ICSID Convention, and the 1975 Panama (Inter-American) Convention, or address issues of general interest to the practice of international arbitration.
The Yearbook continues its tradition of providing abstracts that highlight the central issues of each decision. As of 2023, the reporting has been further enhanced with the listing of additional information for each decision. This encompasses, in addition to indicating the relevant Convention’s articles (if applicable) and the subject matters addressed in the decision, a list of all norms referenced by the court, allowing the reader to immediately identify the key aspects of the decision. Related decisions in the same dispute, if available, are separately listed, with reference to their publication in the Yearbook.
New indexes and tools
The 2023 volume introduces additional in-depth indexing tools consolidating the information extracted from each decision and making navigation easier. In particular, in addition to the topics-based Index of Cases on the 1958 New York Convention, the reporting on court decisions is complemented by a Table of Instruments – i.e., a list of all national laws, international treaties and instruments, model laws and other soft-law instruments, and rules of arbitral institutions cited in the decisions – and an Index by Subject Matter. Also, in concluding the Yearbook’s publication of awards, the 2023 volume includes a Compendium of Arbitral Awards Published in the Yearbook 1976-2022. It lists the over 600 hundred awards published in the Yearbook, including their subject matters and abstracts.
Recent developments and publications
The 2023 volume further contains announcements of new arbitration rules and of recent developments in the law and practice of several countries, as well as a comprehensive bibliography prepared in cooperation with the Peace Palace Library.