dispute settlement Flashcards
what is arbitration?
a form of dispute resolution where the involved parties agree to settle through an arbitrator. the arbitrator’s decision is binding and cannot be appealed
why arbitration
- customizable
- efficient+quicker
- confidential
how is arbitration customizable?
- both parties choose rules governing the arbitral proceedings
- place of arbitration
- language of arbitration
- number of arbitrators
types of arbitration
- institutional
- Ad-Hoc
what is institutional arbitration?
conducted under the rules of a specific institution
example of institutional arbitration
CRCICA
what is Ad-hoc arbitration?
no institutional oversight
allowed cases for arbitration
civil and commercial law only,, but criminal cases no
types of arbitration agreements
- arbitration clause
- separate agreement
what is arbitration clause
clause in the contract specifying that arbitration is the chosen method for resolving future disputes
what is separate agreement
standalone agreement to arbitrate a dispute after it happens
what is arbitral tribunal
- the panel of arbitrators chosen to solve
- one or more
- is an odd number
- each party nominates one arbitration and together choose a third
types of international tribunals
1.Internatial court of justice
2. international criminal court
3. world trade organization
4.ICSID
what does icj do
resolved legal disputes between states and gives advisory opinion to UN against agencies
what does icc do
ties individuals for serious international crimes, they intervene when national courts fail to act
icj vs icc
icc focuses on criminal accountability, while icj resolves state disputes and doesn’t handle criminal cases
what does WTO do
make global trade easier by providing a framework of agreements
what is dispute settlement understanding (WTO)
resolves trade disputes between member nations
what does ICSID do
solve disputes through arbitration
case for icj
oil platform iran vs US
legal rules of ICSID
1.the 2 members are part of icsid
2. when they give consent they can’t rescind it unless both parties agree
3. consent must be written to ICSID arbitration
4. the issue should be about investment
5. jurisdiction is established at the time of the consent
steps to settle a dispute
- consultation and mediation
- we hire a panel to hear our sides
- final panel reports to parties
- final reports to wto
- if either party disagrees they can appeal
- if no appeal then implement final decision by DSB
- if appealed DSB adopts appeal report
