A Manual of International Dispute Resolution

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Author(s):
Anthony Connerty
01 Nov 2006
Pages:
368
ISBN:
9781848598799 (PDF)
http://dx.doi.org/10.14217/9781848598799-en

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An overview of international dispute resolution and settlement, especially in the fields of trade and commerce, investment and intellectual property. The author looks at five key topics: supranational disputes, supranational dispute resolution bodies, international commercial dispute resolution, institutions concerned with dispute resolution in international trade and commerce, online dispute resolution.

Connerty, an English barrister with particular expertise in the field of international arbitration, introduces each topic, illustrating it by decisions of the International Court of Justice, the Permanent Court of Arbitration, the International Tribunal on the Law of the Sea, the International Centre for the Settlement of Investment Disputes, and decisions of national courts and international arbitration tribunals. Connerty also gives suggestions for sources for more detailed study in each topic area.

The book will be of interest to all those in Commonwealth countries and beyond who need to understand international dispute resolution processes and institutions.
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Expand / Collapse Hide / Show all Abstracts Table of Contents

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  • Foreword

    This Manual addresses a topic at the confluence of several powerful trends in contemporary law, commerce and international relations. The reader will find within it reverberations of many forces. The rising globalisation of trade has demanded common dispute resolution platforms for parties engaged in international commerce.

  • Preface

    In 2003 at their meeting in Abuja, Nigeria, Commonwealth Heads of Government recognised that globalisation has significant potential benefits for all. However, the world is characterised by uneven development, and Heads stressed that globalisation must provide real opportunities for developing countries to transform their economies and societies through diversification. This, they said, would require a legal order that is fair, efficient, predictable and accessible.

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  • Expand / Collapse Hide / Show all Abstracts Overview of Dispute Avoidance and Resolution

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    • Overview of Dispute Avoidance and Resolution: Introduction

      This Manual seeks to give an outline of five broad areas of international dispute settlement and resolution.

    • Dispute Avoidance

      It is obviously preferable to avoid disputes arising in the first place. This chapter looks briefly at three areas of dispute avoidance.

    • Dispute Resolution

      This chapter briefly describes two areas that are dealt with in more detail in later chapters. First, it looks at some of the methods of dispute resolution used internationally, both in the context of inter-State disputes and in the context of international trade and commerce. Second, it reviews some of the organisations involved in international dispute resolution – again, in both inter-State and commercial dispute resolution.

    • International Conventions Dealing with Dispute Resolution

      There are various international conventions that deal with – or that include provision for – dispute resolution. Three of these are of particular relevance in the context of maritime disputes, investment disputes and international trade disputes.

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  • Expand / Collapse Hide / Show all Abstracts Supranational Dispute Resolution

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    • Supranational Dispute Resolution: Introduction

      Disputes that involve States or in which one of the parties is a State may conveniently be labelled ‘supranational’ so as to distinguish them from pure commercial disputes. As suggested earlier, there are three particular types of supranational dispute that are of considerable significance in today's world: disputes involving land, disputes involving maritime boundaries and investor-State disputes (or investment treaty disputes, as they are often described). These are considered in later chapters of this part of the Manual.

    • International Law and the Vienna Convention on the Law of Treaties

      This chapter deals with two separate but related matters: First, it gives an overview of international law, a significant part of which is concerned with treaties; and second, it looks at the Vienna Convention on the Law of Treaties.

    • Territorial Disputes

      This chapter deals with boundary disputes relating to land. The following chapter deals with maritime boundary disputes.

    • Maritime Delimitation Disputes and the 1982 Law of the Sea Convention

      For the purposes of the Manual, maritime delimitation disputes can be divided into three areas:

    • Investor-State Disputes and Investment Treaty Arbitration

      The encouragement of investment, particularly investment into developing countries, is clearly a desirable objective. Investment treaties are designed to achieve two separate but related purposes, one for the benefit of a State and the other for the benefit of an investor. First, there is a need to attract inward investment into a ‘host’ State.

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  • Expand / Collapse Hide / Show all Abstracts Supranational Dispute Resolution Bodies

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    • Supranational Dispute Resolution Bodies: Introduction

      Part III of the Manual deals with the international dispute settlement bodies handling the types of dispute discussed in Part II, namely territorial disputes, maritime delimitation disputes and investor-State disputes.

    • The International Court of Justice

      This chapter considers the International Court of Justice (ICJ), almost certainly the most important Court dealing with inter-State disputes. It looks first at the history of the ICJ and then at the relevant provisions of the Charter of the United Nations. The Charter of the ICJ itself is then considered, followed by the Rules and Practice Directions of the Court, all vital to an understanding of how it operates.

    • The Permanent Court of Arbitration

      The Permanent Court of Arbitration (PCA) is one of the major supranational bodies concerned with international disputes, and its work is complementary to that of the International Court of Justice (ICJ) (see Box 6). Both institutions are housed in the Peace Palace in The Hague.

    • The International Tribunal for the Law of the Sea and Dispute Settlement under UNCLOS III

      The International Tribunal for the Law of the Sea (ITLOS) is the third international dispute settlement body to be considered in this part of the Manual. It was created by the 1982 United Nations Convention on the Law of the Sea (UNCLOS III). The Convention provides for dispute resolution by way of both arbitration and conciliation, permits disputes to be decided ex aequo et bono (provided the parties agree) and makes provisions for the establishment of a fact-finding Tribunal.

    • The International Centre for Settlement of Investment Disputes

      The International Centre for Settlement of Investment Disputes (the ICSID Centre) was created by the International Convention on the Settlement of Investment Disputes (also known as the Washington Convention). The Centre was briefly mentioned in Chapter 9 of the Manual, which dealt with investor-State disputes and which considered, among other things, the ICSID Convention.

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  • Expand / Collapse Hide / Show all Abstracts International Commercial Dispute Resolution

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    • International Commercial Dispute Resolution: Introduction

      Parts II and III of the Manual dealt with supranational dispute resolution and supranational dispute resolution bodies. The types of disputes were those where one or more of the parties is likely to be a State. The dispute resolution bodies dealt exclusively either with disputes between States or with disputes where one or more of the parties is likely to be a State.

    • Litigation

      Litigation between States in the International Court of Justice (ICJ) was considered earlier in the Manual. This chapter will look at litigation in the national courts. National courts may be used in the context of international commercial disputes for a variety of purposes.

    • International Commercial Arbitration

      This chapter looks at international commercial arbitration. The subject is vast. As with other topics considered in the Manual, the hope is that what is set out here will give an overview of the subject, highlighting certain areas and pointing in the direction where more detailed information can be found.

    • International Commercial Arbitral Institutions and Other International Bodies

      The last chapter looked briefly at international commercial arbitration, including the United Nations Commission on International Trade Law (UNCITRAL) Model Arbitration Law and the New York Convention. Part A of this chapter looks at a number of the international commercial arbitral institutions and their arbitration rules, Part B considers the Arbitration Rules of UNCITRAL and Part C looks at arbitration under the Rules of the Chartered Institute of Arbitrators.

    • Alternative Dispute Resolution

      "God did not decree that the job of a litigator is to lay waste to the adversaries and win all for client.

    • Expert Determination

      Expert determination is the fourth method of dispute resolution considered in the field of international commercial dispute resolution. It is very different from the three other forms of dispute resolution considered so far in this part of the Manual: litigation, arbitration and ADR in its various forms.

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  • Expand / Collapse Hide / Show all Abstracts The Electronic Era

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    • The Electronic Era: Introduction

      This part of the Manual looks at what may be broadly described as ‘online dispute resolution’ (ODR) in two areas: international trade and intellectual property.

    • The Emergence of Online Dispute Resolution

      In the introduction to the 1999 article on electronic commerce referred to in the last Chapter.

    • The ICC DOCDEX System

      DOCDEX, standing for Documentary Credit Dispute Resolution Expertise, is a rapid, costeffective system intended to resolve disputes involving International Chamber of Commerce (ICC) rules on documentary credits. Originally introduced in 1997, it is a private, expert-based and (unless otherwise agreed) non-binding alternative to international litigation and arbitration. The ICC says that DOCDEX has been used by practitioners worldwide who need quick decisions on outstanding conflicts.

    • The WIPO Domain Name Dispute Resolution System

      The World Intellectual Property Organization (WIPO) has already been considered in relation to arbitration and mediation in earlier chapters of the Manual. Here, a closer look is taken at WIPO and its specialist system relating to domain names.

    • Future Development of Online Dispute Resolution

      The future of online dispute resolution (ODR) – or online alternative dispute resolution, as the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT) describes it – seems assured in a world where cyber trade and cyber commerce increase day by day. The interest and involvement of the UN establishes the importance of ODR.

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