Arbitral case law

Anonymised publication meets a need for predictability. Market players need to know how arbitrators interpret warranties, assess appraisals and deal with provenance questions. It also makes it possible to train practitioners and feed university research.

Confidentiality remains protected: the names of the parties, arbitrators, places and works are removed, along with any element allowing identification. Only awards whose publication the parties have consented to are published.

An editorial committee selects the awards of interest in principle: a new legal question, application of a rule, interpretation of a custom, position on an appraisal. It then asks the parties to consent to publication.

Decisions are summarised in a few lines, with keywords and references to articles of the Rules. The most important are translated into the three languages.

No award binds subsequent arbitrators: there is no binding precedent in arbitration. But consistency is sought, and arbitrators readily refer to earlier decisions. The parties may invoke published decisions in support of their argument.

This persuasive value makes the database a strategic tool for counsel, who assess their chances and the risks of a dispute more accurately.

Each year the TAO publishes a compendium of landmark decisions, with an index and a thematic table. It is available online and in print, in three languages.

The compendium also brings together scholarly studies and publication statistics. It serves as support for training seminars organised with bar associations and universities.