Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a neutral third party for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some contexts, an arbitrator may be described as an umpire.
The International Court of Justice, sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law.
The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 122 states. The organization is not a United Nations agency, but the PCA is an official United Nations Observer.
The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.
International law, also known as "law of nations", refers to the body of rules which regulate the conduct of sovereign states in their relations with one another. Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. The Convention requires courts of contracting states to give effect to private agreements to arbitrate and to recognize and enforce arbitration awards made in other contracting states. Widely considered the foundational instrument for international arbitration, it applies to arbitrations that are not considered as domestic awards in the state where recognition and enforcement is sought.
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of the United Nations General Assembly. Advisory opinions do not have to concern particular controversies between states, though they often do.
International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.
An arbitration award is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. It is referred to as an 'award' even where all of the claimant's claims fail, or the award is of a non-monetary nature.
Sedudu Island is a fluvial island in the Chobe River, in Botswana adjacent to the border with Namibia. The island was the subject of a territorial dispute between these countries, resolved by a 1999 ruling of the International Court of Justice (ICJ) that the border runs down the thalweg of the river immediately north of the island. The island is approximately 5 square kilometres in area, with no permanent residents. For several months each year, beginning around March, the island is submerged by floods. The Island is one of the top tourist attractions in Chobe.
Stephen Myron Schwebel, is an American jurist and international judge, counsel and arbitrator. He previously served as judge of the World Bank Administrative Tribunal (2010–2017), as a member of the U.S. National Group at the Permanent Court of Arbitration, as president of the International Monetary Fund Administrative Tribunal (1993–2010), as president of the International Court of Justice (1997–2000), as vice president of the International Court of Justice (1994–1997), and as Judge of the International Court of Justice (1981–2000). Prior to his tenure on the ICJ, Schwebel served as deputy legal adviser to the U.S. Department of State (1974–1981) and as assistant legal adviser to the U.S. Department of State (1961–1967). He also served as a professor of law at Harvard Law School (1959–1961) and Johns Hopkins University (1967–1981). Schwebel is noted for his expansive opinions in momentous cases such as Legality of the Threat or Use of Nuclear Weapons, Military and Paramilitary Activities in and Against Nicaragua and Oil Platforms .
Ex aequo et bono is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with consideration of the law but consider solely what they consider to be fair and equitable in the case at hand. However, a decision ex aequo et bono is distinguished from a decision on the basis of equity, "Whereas an authorisation to decide a question ex aequo et bono is an authorisation to decide without deference to the rules of law, an authorisation to decide on a basis of equity does not dispense the judge from giving a decision based upon law, even though the law be modified".
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include a chairperson or an umpire. Members selected to serve on an arbitration panel are typically professionals with expertise in both law and in friendly dispute resolution (mediation). Some scholars have suggested that the ideal composition of an arbitration commission should include at least also one professional in the field of the disputed situation, in cases that involve questions of asset or damages valuation for instance an economist.
International law is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, human rights. Scholars distinguish between international legal institutions on the basis of their obligations, precision, and delegation.
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." If these methods of alternative dispute resolution fail, then they must refer it to the UN Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of the UN Security Council or the General Assembly. This chapter authorizes the Security Council to issue recommendations but does not give it power to make binding resolutions; those provisions are contained in Chapter VII. Chapter VI is analogous to Articles 13-15 of the Covenant of the League of Nations which provide for arbitration and for submission of matters to the Council that are not submitted to arbitration. United Nations Security Council Resolution 47 and United Nations Security Council Resolution 242 are two examples of Chapter VI resolutions which remain unimplemented.
Investor-state dispute settlement (ISDS) or investment court system (ICS) is a system through which countries can be sued by foreign investors for certain state actions affecting foreign direct investment (FDI). This system most often takes the form of international arbitration between a foreign investor and the nation receiving the FDI.
The Arbitration Act 1996 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.
Sovereignty over the Chagos Archipelago is disputed between Mauritius and the United Kingdom. Mauritius has repeatedly stated that the Chagos Archipelago is part of its territory and that the United Kingdom claim is a violation of United Nations resolutions banning the dismemberment of colonial territories before independence. The UK government has stated that it has "no doubt" about its sovereignty over the Chagos, yet has also said that the Chagos will be returned to Mauritius once the islands are no longer required for military purposes. Given the absence of any meaningful progress with the UK, Mauritius took up the matter at various legal and political forums. The African Union and the Non-Aligned Movement have expressed unanimous support for Mauritius.
Philippines v. China, also known as the South China Sea Arbitration, was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII of the United Nations Convention on the Law of the Sea concerning certain issues in the South China Sea, including the nine-dash line introduced by the Republic of China (Taiwan) since as early as 1947. A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.