10.3 INTERNATIONAL ARBITRAL DECISIONS

10.3.1 Reported decisions

Reported international arbitral decisions are cited in the same way as decisions of the ICJ. The general form is:

Element	Case name	Parties’ names	Phase or type of decision	Year	Citation	Pinpoint reference
Examples	Southern Bluefin Tuna	(Australia v Japan)	(Jurisdiction and Admissibility)	(2000)	39 ILM 1539
	Rainbow Warrior	(New Zealand v France)	(Judgment)	(1990)	82 ILR 499	at [101]
Rule	10.3.1(a)	10.3.1(b)	10.3.1(c)	10.3.1(d)	10.3.1(e)	10.3.1(f)

(a) Case name

Where the decision includes a case name (that is, a name describing the subject matter of the decision or dispute other than the parties’ names), give the name in accordance with rule 10.2.1(b).

(b) Parties’ names

Where the decision has a case name, include the parties’ names after the case name in italics enclosed in round brackets. Where the decision does not have a case name, do not put the parties’ names in brackets. Always give the parties’ names in italics.

Use common names for countries in accordance with rule 1.1.7(d).

(c) Phase or type of decision

Indicate the phase or type of decision after the parties’ names in italics and enclosed in round brackets. The phase or type of decision will often be stipulated in the report.

(d) Year

Give the year of the decision in round brackets. If the report series is organised by year, give the year as part of the citation and do not repeat it.

(e) Citation

Give the citation to the report series being cited. Give the citation as consistently as possible with the rules for citing domestic decisions (see rule 3.2).

The International Law Reports (ILR) is a useful source of these decisions. They have been published continually since 1919 but under different titles:

• volumes 1–6 (1919–1932) as the Annual Digest of Public International Law Cases;

• volumes 7–16 (1933–1949) as the Annual Digest and Reports of Public International Law Cases; and

• volume 17 onwards (1950–) as the International Law Reports.

The Reports of International Arbitral Awards (RIAA) are also often cited.

(f) Pinpoint reference

Where available, pinpoint to paragraph numbers. Pinpoint in accordance with rule 3.2.8.

10.3.2 Unreported decisions

The general form of citation for unreported international arbitral decisions is:

Element	Case name	Parties' names	Phase or type of decision	Name of arbitral body, tribunal or arbitrators	Case number	Date	Pinpoint reference
Examples	Arrest and Return of Savarkar	(France v Great Britain)	(Award)	PCA		24 February 1911
		Abaclat v Argentina	(Jurisdiction and Admissibility)	ICSID	ARB/07/5,	4 August 2011	at [293]
Rule	10.3.2(a )	10.3.2( b)	10.3.2(c)	10.3.2(d)	10.3.2(e )	10.3.2(f)	10.3.2(g)

(a) Case name

Where the decision includes a case name (that is, a name describing the subject matter of the decision or dispute other than the parties’ names), give the name in accordance with rule 10.2.1(b).

(b) Parties’ names

Where the decision has a case name, include the parties’ names after the case name in italics and enclosed in round brackets. Where the decision does not have a case name, do not put the parties’ names in brackets. Always give the parties’ names in italics.

Use common names for countries in accordance with rule 1.1.7(d).

(c) Phase or type of decision

Indicate the phase or type of decision after the parties’ names in italics and enclosed in round brackets. The phase or type of decision will often be stipulated on the award.

(d) Name of the arbitral body, tribunal or arbitrators

After indicating the phase or type of decision, give the name of the arbitral body or tribunal.

Commonly accepted abbreviations such as ICSID (International Centre for Settlement of Investment Disputes), LCIA (London Court of International Arbitration), PCA (Permanent Court of Arbitration) and SSC (Arbitration Institute of the Stockholm Chamber of Commerce) may be used. If there is not a commonly accepted abbreviation for the arbitral body or tribunal, give the name in full.

If the arbitral body or tribunal is an ad hoc one, give the name of the arbitrator or arbitrators. Give the first name and/or initials and last name of the arbitrators as they appear on the decision. Do not include honorifics.

(e) Case number

Where the decision has a case number, give this after the name of the arbitral tribunal or body. Do not include the phrase “case no” even if this appears with the case number on the decision.

(f) Date

Give the full date of the decision. Separate the case number and the date with a comma.

(g) Pinpoint reference

Where available, pinpoint to paragraph numbers. Pinpoint in accordance with rule 3.2.8.