CRIV CONNECTION

New Product Evaluation

What Is Kluwer Arbitration – Enhanced?  

Author: Jean Davis, Associate Librarian for International Law, Brooklyn Law School 

Some of you are likely considering whether to renew an existing subscription to Kluwer Arbitration database (Kluwer Arbitration – Classic) or to upgrade (for a fee) to Kluwer Arbitration – Enhanced.  (If this source is new to you, Wolters Kluwer offers free trials of Kluwer Arbitration.)   

Kluwer Arbitration – Enhanced includes:

• Profile Navigator: A tool to find an arbitrator, expert witness or counsel by name or by many additional criteria: nationality, language(s) of proceedings, institution (e.g., ICC), sector (e.g., Manufacturing), case type (e.g., Commercial), applicable rule (e.g., ICC Arbitration Rules (2021)), and applicable law.  An arbitrator’s profile often links to related cases, arbitral awards and publications. The current scope of Profile Navigator is: 18,906 practitioners and experts. From a person’s profile, one can click link: Explore relationships to access the Relationship Indicator. 
• Relationship Indicator: A tool to check a person’s (meaning: arbitrator, expert witness, counsel, or tribunal secretary) relationships to identify possible conflicts of interest.  A sample search of an international arbitrator known to this author yielded 79 results “based on cases within Kluwer’s database.”
• Templates and Examples: A practitioner-focused collection of 1) guidance, 2) templates that users can download/edit in Word/customize, and 3) examples (filled-in templates offering illustrations from other cases).  In this collection, you can choose an institution, choose a type of document, and search. At present, the two institutions covered are International Court of Arbitration of the International Chamber of Commerce and Swiss Arbitration Centre.  Templates and Examples states that it will soon cover Cairo Regional Center for International Commercial Arbitration, International Centre for Dispute Resolution, and JAMS International. When a researcher selects a document (e.g., ICC Request for Arbitration), there also will be links to related additional content in Kluwer Arbitration. Related content might include treatise chapters, Practical Insights, and/or Quick Answers on Arbitral Institutions.       

Example of a Subscription Product for Comparison: Jus Connect Arbitration Insights, which offers Profile search & Conflict Checker.  (Note:This vendor states it offers free trials.)

• The author’s library does not currently subscribe to this product. On September 12, 2024, Profile search included: 56,404 results under category; Lawyers included: 12,017 results under category; Arbitrators included: 10,757 results under category; Law Firms included: 4,469 results under category; and Experts. For many lawyers and arbitrators, Profile search includes links under headings, Cases & Analytics, and Publications. These are links to case documents and publications available as a subscription in theJus Mundi database. Jus Mundi also powers the Conflict Checker.        

Examples of Free Resources for Comparison: You might be able to find a desired person’s profile in the free Roster of International Arbitrators (scope: 1,000+ arbitrators from 200+ jurisdictions) or in a free directory provided by an institution, such as JAMS’ global directory of mediators, arbitrators and dispute resolution professionals (scope: 484 profiles of dispute resolution professionals), which includes filter: International & Cross Border. 

Evaluation:

Kluwer Arbitration – Enhanced seems particularly useful to libraries that support international arbitrators. 

If you work in an academic library that primarily aids a Vis moot team and/or 1-2 arbitration scholars: Through your existing subscription to Kluwer Arbitration – Classic, your patrons will be able to access current editions of noted treatises like International Commercial Arbitration (3rd ed.) by Gary Born and Redfern and Hunter on International Arbitration (7th ed.)* by Nigel Blackaby, Constantine Partasides & Alan Redfern.  Your patrons will be able to search a range of journals (some with six-month embargos), such as: LCIA’s Arbitration International, Asian International Arbitration Journal, Journal of International Dispute Settlement, Revue de l’Arbitrage and SchiedsVZ | German Arbitration Journal. They will also be able to search thousands of arbitral awards and proceedings and to find model arbitration and forum selection clauses in the guide International Arbitration and Forum Selection Agreements: Drafting and Enforcing (6th ed.) by Gary Born. Vis participants who are researching UN CISG for the first time will be able to review both the guide Understanding the CISG (6th ed.) by Joseph Lookofsky and the well-known treatise Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention (5th ed.) by Harry M. Flechtner.   

Note: Some academics serve as international arbitrators and expert witnesses. Such faculty might ask librarians for access to a robust tool like Profile Navigator in Kluwer Arbitration – Enhanced. 

So, when considering the upgrade to Kluwer Arbitration – Enhanced, think about 1) who you serve, 2) whether you can sign a multiyear license agreement to possibly lower annual price increases, and 3) whether you can make the time to request a free trial.  Also, the author’s Wolters Kluwer account representatives responded quickly to a request for my institution’s Kluwer Arbitration usage statistics (from the prior year). Although the numbers were not COUNTER compliant, the monthly usage figures helped me make a strong case for renewal of Kluwer Arbitration – Classic, which was my final recommendation to Brooklyn Law School Library’s Director. 

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* Redfern and Hunter on International Arbitration (7th ed.) is also available in Westlaw Precision and in Oxford Academic collections: International Commercial Arbitration and Investment Claims.