From the Reference Desk: Is There An Annotated European Union Code?

By Amy Flick

“Is there an annotated European Union Code? I have an EU directive, and I need to find some cases that interpret it.”

First, having just taught a class on U.S. statutory legal research, I’m thrilled that a student thought to use an annotated code to find cases interpreting legislation.

There isn’t a European Union code, not exactly. But the European Union does have a classification system for its law, and there are sources for finding cases on a particular EU directive, from the European Court of Justice and from national courts.

The student was looking for cases on Directive 98/44/EC on patents for biotechnological inventions.

Although European Union law isn’t codified, the closest thing to a codification would be the Directory of Legal Acts on EUR-Lex. It arranges EU legislation in force by subject and includes consolidated acts incorporating amendments. Directive 98/44/EC is classified with Intellectual Property legislation at 17.20, but with a general heading at 17 of “Law relating to Undertakings,” I’m not sure I would have found it without already having found the Directory Classification. There is also the EuroVoc thesaurus for browsing legislation (and caselaw) by subject. Either the thesaurus terms or the Directory codes can be used in the EUR-Lex Advanced Search, along with text and other criteria (including type of legislation). In this case, a text search for “biotechnology AND patents” worked just as well.

The student already had the citation for Directive 98/44/EC, but I recommended that he look at the Directorate-General on Internal Market, Industry, Entrepreneurship and SMEs. The European Commission’s executive agencies are a great source for finding current legislation that they administer, with links to EUR-Lex. The DG’s page on Protection of Biotechnological Inventions includes the Biotech Directive with a summary, reports, and related documents, plus a State of Play of the Implementation of Directive 98/44/EC that has dates and citations for national legislation implementing the directive.

Summaries of EU Legislation on EUR-Lex are also a good way to find legislation by subject, including by general topic or to search. Again, a search for “biotechnology and patents” retrieved the summary for Directive 98/44/EC.

With a directive citation in hand, my student can find cases interpreting the directive. The EUR-Lex Document Information for the directive includes a “Relationship between documents” section that has links to Court of Justice judgments as published in the Official Journal of the European Communities.

The European Court of Justice’s CURIA site has an advanced search page with a field for “references to case law or legislation,” including directives by number. It even allows searching for pinpoint references to paragraphs within the directive.

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Since directives require that EU member states implement them with national legislation, there are also national laws and cases in national courts on the directive.

Once a directive is found in EUR-Lex, the links in the left navigational side bar include “National Transposition.” These National Transpositions by Member State provide the citations to each member state’s implementing laws for the directive. He could also use EUR-Lex’s Advanced Search Form. Choose National Transposition as the collection and search by directive number (1998 and 44).

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For this particular directive, that “State of Play” from the Directorate-General cites national implementing legislation. If a Google search doesn’t retrieve the cited legislation, the student could use the Foreign Law Guide database or the Law Library of Congress’ Guide to Law Online to find sources for national legislation.  There’s also the European Union’s N-Lex gateway to search for national legislation in N-Lex with the directive citation.

Back to looking for cases interpreting the directive, the EUR-Lex advanced search can be used to search national caselaw as well. He could use the same EUR-Lex Advanced Search Form, choose National Case Law as the collection, and enter the directive number in the Instruments Cited field.

The European Union’s Association of the Councils of State and Supreme Administrative Jurisdictions has its own Dec.Nat. database for searching national decisions on European Union law. The search page includes a field for Provision of European Union Law for searching by directive number, or other EU legislation. The results list includes country, date, title of the case, and parties, with case details including a citation to the national law and link to related ECJ judgements.

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So, the European Union doesn’t have annotated code, not is there an “EU Code.” But it does have subject resources for finding legislation. And it offers multiple ways through EUR-Lex and other EU databases to find cases that interpret an EU directive, and national legislation implementing the directive.

And my thanks to Alison Shea for sharing her European Union expertise!

Go-To Resources for the Non-FCIL Librarian

Int_lComArb_Wordle_Word_Cloud__on_Navy__2016By Janet Kearney & Michelle Penn

Hello DipLawMatic Dialogues readers! This is the first in a set of posts from Michelle and Janet on FCIL for non-FCIL librarians; the next post will focus on teaching. Michelle and Janet are both from Fordham Law Library, where Michelle is Faculty Services Librarian and Janet just made the leap from Reference Librarian to FCIL Law Librarian. Thanks for having us!

Where can I find Singapore cases on surrogacy? How do I cite check this Russian statute?  How do I find the main sources of international humanitarian law? As librarians, we often receive questions that we don’t know the answers to. What sets us apart is the ability to strategize and efficiently learn the answer. So for those of us who dabble in FCIL or only rarely get questions or are just interested, here’s a collection – a research guide of research guides and a couple of databases. While this is from the perspective of two academic librarians, these should get you started and answer the most frequently asked questions regardless of your work environment!

Research Guides:

GlobaLex – For those of you on the FCIL-SIS listserv, you have probably seen the great (and frequent!) updates to Globalex. From the publisher,       “The guides and articles published are written by scholars well known in their respective fields and are recommended as a legal resource by universities, library schools, and legal training courses.” What does this mean for users? It provides the location of various documents, but it also puts the documents in the context of their legal system. This is helpful for both those incredibly specific (and seemingly random) journal student requests and questions with broad strokes. “I need Icelandic adoption laws” – Globalex will get you started. “I want to establish a standard as customary international law” – Globalex will help you there too! Available for free online, http://www.nyulawglobal.org/globalex/index.html.

UN Library Research Guides, are unsurprisingly, wonderful resources for areas of law involving the United Nations. The researcher should keep in mind though, that the guides apply to United Nations resources and are thus not complete regarding international law as a whole. For example, the resource guides on international law may inadvertently give the novice researcher the impression that international law begins and ends with the United Nations. Available for free online, http://research.un.org/en?b=s&group_id=2087.

Databases

The World Legal Information Institution, (World LII), is home to a number of free and non-profit databases helpful to the FCIL researcher, developed by the Australasian Legal Information Institution, British and Irish Legal Information Institute, Canadian Legal Information Institute, Cornell’s Legal Information Institute, Pacific Islands Legal Information Institute, and Wits University School of Law. The searchable databases include case law, legislation, treaties, law reform, law journals, and specialist subject databases from 123 jurisdictions. Though the interface may not be as flashy as those of paid resources, it allows for an impressive level of advanced Boolean searching, including proximity searching. Note that coverage and currency can vary widely by jurisdiction. http://www.worldlii.org/databases.html

vLex Global is similar to World LII, but it is a subscription resource. It also contains case law and statutes, occasional regulations, and journal articles from over 100+ jurisdictions. The added value comes from a wider variety of materials such as forms, administrative decisions, regulations, and legislation from countries that can be harder to navigate, especially when you do not speak the language. What really gets me excited about this is the translation tool and the ability to navigate collections in my native language – sure I can use Google translate and try to parse things out, but this eliminates some of the guesswork. Translations, although not perfect, can be made between multiple languages and is not limited to English. https://vlex.com/p/vlex-global/

For primary and secondary source research, HeinOnline is home to many databases helpful to the foreign and international legal researcher. One of the most useful databases is the World Treaty Library, which includes over 160,000 treaties from 1648 to the present, as well as related articles and publications. While much of the material on Hein’s World Constitutions Illustrated is available on free websites, the database is still a useful resource, consolidating constitutional information in one place with quality English translations. For secondary sources, Hein’s Index to Foreign and Legal Periodicals is the the go-to index for over 500 legal journals. https://home.heinonline.org/

Globalex January 2019 Issue is Live

By Lucie Olejnikova

In our first issue of 2019, we bring you a new article and four updates: researching the Right to Water, African Law, and the laws of Gambia, Malawi, and New Zealand. Congratulations and big thanks to our authors! Webmasters and content managers, please update your pages.

Researching the Human Right to Water with an Annotated Bibliography by Jootaek Lee at http://www.nyulawglobal.org/globalex/Human_Right_to_Water.html.

Jootaek Lee is an assistant professor and librarian at Rutgers Law School (Newark). Professor Lee is also an adjunct professor and an affiliated faculty for the Program on Human Rights and the Global Economy (PHRGE) at the Northeastern University School of Law. He is also a Massachusetts attorney. Professor Lee, a prolific scholar and author, has been published in prestigious journals, including Georgetown Environmental Law Review, Law Library Journal, International Journal of Legal Information, Legal Reference Services Quarterly, Korea University Law Review, and Globalex by New York University Law School. His research focuses on human rights to land, water and education, Asian practice of international law, especially human rights and international criminal law, legal informatics, Korean law and legal education, and pedagogy in law. He made numerous presentations at national and international conferences.

UPDATE: Sources of Online Legal Information for African Countries by Vincent Moyer at http://www.nyulawglobal.org/globalex/African_Law1.html.

Vincent Moyer (B.S., J.D., and M.S. from the University of Illinois) is the Foreign, Comparative and International Law Librarian at the University of California Hastings College of the Law in San Francisco, California.

UPDATE: Researching Gambian Legal Information by Flora Ogbuitepu Ngo-Martin at http://www.nyulawglobal.org/globalex/Gambia1.html.

Flora Ogbuitepu obtained an LLB (Hons) from Kogi State University Anyigba, Nigeria, a B.L from the Nigerian Law School (Lagos Campus) and an LLM in human rights from the University of Pretoria, South Africa. She has a wealth of experience in the theory and practice of human rights law, corporate practice and other areas of law. As a researcher, she has also written numerous papers on human rights issues and legal audit, which have been published. She worked as a Senior Associate at Tope Adebayo LLP, a firm of Legal Practitioners and Arbitrators. At present, she works as a legal practitioner and consults for a variety of businesses and individuals in corporate law and other areas of law.

UPDATE: Malawi Legal System and Research Resources by Redson Edward Kapindu at http://www.nyulawglobal.org/globalex/Malawi1.html.

Redson Kapindu is a Judge of the High Court of Malawi, and a Visiting Associate Professor of Law at the University of Johannesburg. Redson Kapindu holds a Ph.D. from the University of the Witwatersrand, Johannesburg. He also holds an LL.B. (Honors) from the University of Malawi; an LL.M. from the University of Pretoria; and a Diploma in International Human Rights from Lund University.

UPDATE: Access to New Zealand Law by Rosa Polaschek at http://www.nyulawglobal.org/globalex/New_Zealand1.html.

Rosa Polaschek graduated from the University of Auckland, BA/LLB (Hons) as a Senior Scholar in Law. She has worked as a Judges’ Clerk at the High Court of New Zealand, and subsequently at the Crown Law Office. Her interests are in constitutional and public law, and human rights law. In 2017, she was awarded the New Zealand Law Foundation’s Cleary Memorial Prize, for a young for barrister or solicitor who shows outstanding future promise in the legal profession. In 2018, Rosa was awarded a Hauser Global Scholarship to study at New York University toward an LLM (Master of Laws) degree. The article below updates the previous version, authored by Margaret Greville.

 

For more articles, visit Globalex at http://www.nyulawglobal.org/globalex/index.html.

Book Review: Charting the Legal Systems of the Western Pacific Islands, by Victoria J. Szymczak

chartingthelegalsystemsofthewesternpacificisland
By Susan Gualtier

In a recent blog post, Shay Elbaum recapped a 2018 WestPac conference program in which Victoria Szymczak, Director of the Law Library and Associate Professor of Law at the University of Hawai’i William S. Richardson School of Law, discussed the creation of her new legal research guide, Charting the Legal Systems of the Western Pacific Islands, which was recently published by Hein.  Although I was not personally able to attend WestPac or hear Ms. Szymczak speak on this topic, I had already received Hein’s announcement regarding the new guide and was anxious to see it in person.

Charting the Legal Systems of the Western Pacific Islands is unique for a research guide in that it contains quite a bit of context.  It covers history, defines important British colonial legal terms, and lays out clearly the challenges specific to legal research in the Western Pacific Islands.  At only 60 pages long, the book offers enough background information for the researcher to feel confident in beginning to look at primary sources.  Szymczak also recommends several treatises on both the British colonial system and the Western Pacific that can provide the researcher with more in-depth information.

The book is also unique in that it is very much focused on historical resources, specifically those created during British colonization in the Western Pacific.  Szymczak explains the different types of colonial documents that researchers may need to locate and identifies sources where those documents might be published.  She also describes how legislation and the judiciary operated in the Western Pacific Islands under British rule, and the ways in which native or customary law were applied during that period.  Szymczak discusses various instruments of customary law, including native courts and island and local councils, which were established during the colonial period, and even mentions a few ways in which the researcher might approach finding evidence of customary law from that era.  An entire chapter is devoted to archival research and secondary sources, such as historical newspapers, that can help to “fill in the gaps” in the historical record created by primary legal documentation.

The book wraps up with several chapters on post-independence sources of law.  Again, significant context is provided in order to help the researcher understand the history and legal structure post-independence.  Szymczak discusses open access online sources, as well as print sources specific to the jurisdictions covered in the book.

It is rare that a research guide is also such an interesting read, but I very much enjoyed this guide and learning about the legal history of the Western Pacific Islands.  I would recommend this book to anyone interested in colonialism, the Western Pacific, or customary and indigenous law.

November/December GlobaLex Issue Now Live

By Lucie Olejnikova

Here comes the last issue of 2018. The November/December double issue includes a new article on the Right to Housing along with seven updates: Customary International Law, Afghanistan, Bolivia, Caribbean, Finland, Guinea, and South Korea. Below is the full table of contents along with our authors’ bios. Webmasters and content managers, please update your pages.

Congratulations and heartfelt thanks to all our authors who continue to deliver exemplary scholarship. And we wish you all Happy Holidays!


Researching the Right to Housing by S M Atia Naznin at http://www.nyulawglobal.org/globalex/Housing_Rights.html.

S M Atia Naznin is a Lecturer at the School of Law, BRAC University, in Bangladesh. She is currently on study leave to pursue Ph.D. in Law at Macquarie University, Australia, focusing on issues related to litigation and forced slum eviction in Bangladesh. She holds a Master’s in Human Rights and Democratization from the University of Sydney, Australia and a Master’s and a Bachelor’s of Laws from the University of Dhaka, Bangladesh. She has recently published an article titled ‘Justiciability of the Basic Necessity of Housing: Litigation of Forced Slum Evictions in Bangladesh’ in the Australian Journal of Asian Law (18 Australian Journal of Asian Law, 2, p. 9, 2017).


UPDATE: Researching Customary International Law, State Practice and the Pronouncement of States Regarding International Law by Catherine Deane at http://www.nyulawglobal.org/globalex/Customary_International_Law1.html

Catherine A. Deane is the Research Specialist for the Bay Area Offices of Shearman & Sterling LLP. She has a B.A. in Cultural Anthropology with a Certificate in Latin American Studies from Princeton University, an M.A. in Cultural Anthropology, a J.D. with a Certificate in International and Comparative Law from the University of Tulsa in Oklahoma, and an M.L.I.S. degree from San Jose State University, School of Library and Information Science.


UPDATE: Islamic Republic of Afghanistan Legal System and Research by Ahmadullah Masoud at http://www.nyulawglobal.org/globalex/Afghanistan1.html.

Ahmadullah Masoud is the Legal Technical Member of the Financial Dispute Resolution Commission (DAB) in Kabul, Afghanistan. Prior to his current position, he worked as the Senior Huququ Training Specialist at the Assistance for the Development of Afghan Legal Access and Transparency (ADALAT) USAID Project at Checchi and Company Consulting, Inc. He was also the Legal Adviser to the Ministry of Economy in Kabul, Afghanistan where he participated in drafting process of policies and laws, and provided legal advice and technical support to MOEC leadership. Mr. Masoud was also the Lecturer at the Law Faculty, Dean of Political Science, and the Acting Chancellor of Mashal University, in Kabul, Afghanistan. As the lecturer, he taught constitutional, defense, and family law as well as legal research and legal writing courses. His experience includes providing legal services in the areas of corporate, tax, contract, investment, and legal drafting and translation at the Elite Legal Services where he worked as the Finance Officer and Tax Adviser. He earned his Bachelor’s degree in Islamic Law from Sharia Faculty of Kabul University, his Master’s Degree in Law (LL.M.) from the University of Washington School of Law, and he is licensed defense lawyer of the Afghanistan Independent Bar Association. He is multilingual working in English, Arabic, Urdu, Dari, and Pashtu.


UPDATE: The Bolivian Legal Framework by Gonzalo Dávila Maceda at http://www.nyulawglobal.org/globalex/Bolivian_Legal_Framework1.html.

Gonzalo Dávila Maceda is founding partner of Reynolds & Asociados Sociedad Civil – Estudio de Abogados in La Paz, Plurinational State of Bolivia. Gonzalo is a legal practitioner with postgraduates in business administration and in Oil & Gas Law. After being formed in a French High School in Bolivia he obtained his LLB at the Bolivian Catholic University’s Law School in 1997 and his Diploma in Petroleum Law in 2000 as a Chevening scholar at the Centre for Energy Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee in Scotland. For more than 20 years he focused his experience in Civil Law, Commercial Law, Labor Law, Competition Law, Regulatory Law, Administrative Law, Environmental Law, Petroleum Law, Electricity Law, Telecommunications Law, Mining Law having acquired that experience working for almost 9 years as senior legal advisor for the Bolivian Hydrocarbons Regulator and from his later experience in the private counseling field for more than 12 years. He worked as intern at the Swiss Competition Commission in Bern-Switzerland. He has participated in the drafting of legislation in the oil and gas sector. He is member of the La Paz Bar Association since 1997. He lectures in several universities in La Paz. He speaks Spanish, English and French.


UPDATE: Guide to Caribbean Law Research by Yemisi Dina at http://www.nyulawglobal.org/globalex/Caribbean1.html.

Yemisi Dina, B.A, M.A, LL.B, MLIS,MPPAL is Associate Librarian/Head of Public Services at the Osgoode Hall Law Library, York University, Ontario, Canada. Prior to this position, she worked as Manager of Adult Services at the Central Library, Richmond Hill Public Library, Richmond Hill, Ontario, Canada; Law Librarian University of The West Indies/ College of The Bahamas LL.B Program, Nassau, The Bahamas; Law Librarian at the Adeola Odutola Law Library, University of Ibadan, Ibadan, Nigeria and Principal Librarian at the Nigerian Law School, Lagos Campus, Nigeria. Her areas of research include law librarianship, legal research methods and information technology and law.


UPDATE: Finnish Law on the Internet by Erika Bergström at http://www.nyulawglobal.org/globalex/Finland1.html.

Erika Bergström works as a Chief Information Specialist at the Library of Parliament of Finland. She graduated from the University of Helsinki Faculty of Law in 1997 (LLM) and obtained a post-graduate degree of law in 2006 (LL.Lic), also from the University of Helsinki. Prior to joining the Library of Parliament she worked for ten years as a lawyer and legal information specialist at one of Finland’s leading law firms.


UPDATE: Guinean Legal System and Research by Ibrahima Sidibe at http://www.nyulawglobal.org/globalex/Guinea1.html.

Ibrahima Sidibe is Professor of Law at the University of Lansana Conte of Sonfonia-Conakry, Departement Droit Public Et d’Anglais, Centre Universitaire de Kindia, Kindia, Republique de Guinee, West Africa.


UPDATE: Research and Bibliography for Korean Law Resources in English by Jootaek Lee at http://www.nyulawglobal.org/globalex/South_Korean_Legal_Resources1.html.

Jootaek Lee is an assistant professor and librarian at Rutgers Law School (Newark). Mr. Lee is also an adjunct professor and an affiliated faculty for the Program on Human Rights and the Global Economy (PHRGE) at the Northeastern University School of Law. He is also a Massachusetts attorney and a prolific scholar and author. He has published in prestigious journals, including Georgetown Environmental Law Review, Law Library Journal, International Journal of Legal Information, Legal Reference Services Quarterly, Korea University Law Review, and Globalex. His research focuses on human rights to land, water and education, Asian practice of international law, especially human rights and international criminal law, legal informatics, Korean law and legal education, and pedagogy in law. He made numerous presentations at national and international conferences. He is active with the American Association of Law Libraries (AALL) and the American Society of International Law (ASIL), having served on AALL’s Diversity Committee, CONELL Committee, and Awards Committee. He is the former Co-Chair of International Legal Research Interest Group of the ASIL (2012-2015) and the former president of Asian American Law Librarians Caucus of AALL (2013-2014).

 

For more articles, visit GlobaLex at http://www.nyulawglobal.org/globalex/index.html.

New FCIL Librarian Series: Supporting the International Team Project Program

By Sarah Reis

This is the second post in a series of posts over the next year about adjusting to my new position as a foreign and international law librarian. I started my position at the Pritzker Legal Research Center at Northwestern Pritzker School of Law in February 2018.

At the start of this academic year, I took over as director of the International Team Project (ITP) program at Northwestern Law. In this program, students spend a semester studying the legal system, culture, and political system of another country and then travel to that country to conduct interviews with in-country contacts. Since the program started in 1999, students have conducted research in more than 40 countries.

During this initial first year of taking over this program, my goal is to provide a research guide and an in-class research presentation for each class. The countries of study differ from year to year and are typically not repeated in consecutive years, which is both a challenge and a great learning experience for a new FCIL librarian because it means that I need to quickly familiarize myself with researching the law of various foreign countries.

ITP courses are student driven: students are responsible for developing the syllabus with the approval of a faculty advisor, leading class discussions, setting up interviews with in-country contacts, and arranging travel. Generally, the law school offers one ITP course in the fall with travel occurring over winter break and four or five ITP courses in the spring with travel occurring over spring break.

Students in the fall ITP course will be traveling to Tanzania in a few weeks. Earlier this semester, I created a research guide on researching Tanzanian law and also visited their class to give a research presentation. This presentation provided the students with a basic introduction to international legal research as well as an overview of how to research the law of Tanzania and keep up with current events in that country. I customized the presentation to include hands-on exercises geared toward their research topics.

I have also been brainstorming methods to support the ITP classes beyond a research guide and in-class presentation. Students in an ITP class form small research groups of 3-4 students who work together on a research topic and write a paper together. I am eager to explore possible opportunities for students to publish these papers (as long as their interviewees give consent). Countries of study are selected in the spring prior to the academic year when the courses will be offered. The countries of study for the ITP courses being offered this academic year were set prior to my taking over this role, but I am looking forward to assisting students and faculty advisors with selecting countries and providing resources to help generate research topic ideas for next academic year’s course offerings.

So far, this role has been a helpful way for me to get to know students outside of the classroom and beyond the reference desk because approximately a hundred students participate in the program each year. I held a few trainings for the student team leaders earlier this year and frequently communicate with them on an ongoing basis about logistics pertaining to travel, curriculum, and finance. The program has also been a great way for me to get to know faculty members who I may not otherwise work with often because our library has a liaison system. Additionally, this role has provided me with the opportunity to work with other law school and university departments, including the Registrar, Office of Financial Aid, Alumni Relations, and the Office of Global Safety & Security.

Students in our five spring ITP classes will be traveling to Morocco, Switzerland, Iceland, South Africa, and Argentina. If other law schools have a similar program to this one or offer comparative law classes that require presentations or trainings by FCIL librarians on researching the law of particular foreign countries, I would love to be able to share materials, ideas, and exercises.

Reis - ITP Photo

Overview of the China International Commercial Courts

By Evelyn Ma

CaptureThis post attempts to consolidate blog posts relating to the recent establishment of the two new international commercial courts in China (CICC) aimed at facilitating resolution of disputes arising from China’s One Belt One Road or Belt and Road Initiative.  The Supreme People’s Court of China’s “Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court” took effect on July 1, 2018.  The Provisions set out the scope and operation of the two CICCs: one in Xian, and the other in Shenzhen.  The CICC in Shenzhen will focus on “One Belt” disputes arising from infrastructural developments along the coastline of the maritime routes.  The CICC in Xian will address “One Road” disputes arising from projects on land. The new courts will house mediation, arbitration and litigation under the same roof.  They intend to deal primarily with “international commercial cases” where at least one party is a non-Chinese national or resident, or where the dispute has some minimal contact with a foreign country other than China.[1]

For the legal framework creating the two CICC courts, see here.

For an overview of the jurisdiction of the courts, see here, here and here.

For the development and viability of the courts as an alternative forum for international arbitration, see here and here.

For profiles of the judges, see here.

For observations on the functioning of the Expert Committee, see here.

In addition to 18 model (or “typical”) BRI infrastructure cases, the official website includes selections of summaries of additional “typical” arbitration cases involving a non-Chinese party.  One can also search in the cases module of PKUlaw (ChinaLawInfo) for more comprehensive search results of arbitration cases involving a foreign party. However, most do not come with English translations.

[1] Under Article 3 of the Provisions, an “international commercial case” is one which requires at least one of the following: one or both parties are foreign nationals; one or both parties reside outside of China; or the object of suit or legal facts that create, change or terminate the commercial relationship occur or occurred outside of China.