Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is conflict resolution through legal means.
International judicial institutions can be divided into courts, arbitral tribunals and quasi-judicial institutions. Courts are permanent bodies, with near the same composition for each case. Arbitral tribunals, by contrast, are constituted anew for each case. Both courts and arbitral tribunals can make binding decisions. Quasi-judicial institutions, by contrast, make rulings on cases, but these rulings are not in themselves legally binding; the main example is the individual complaints mechanisms available under the various UN human rights treaties.
The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international arbitrations involving various combinations of States, State entities, international organizations and 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 Contracting Parties. The PCA is not a United Nations agency, but has been a United Nations observer since 1993.
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable.
The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors and States. ICSID is part of and funded by the World Bank Group, headquartered in Washington, D.C., in the United States. It is an autonomous, multilateral specialized institution to encourage international flow of investment and mitigate non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development's executive directors and signed by member countries. As of May 2016, 153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention.
Nabil Elaraby is an Egyptian politician and diplomat who was Secretary General of the Arab League from 1 July 2011 to 3 July 2016. Previously, he was Foreign Affairs Minister of Egypt in Essam Sharaf's government from March to June 2011.
The Supreme Constitutional Court is an independent judicial body in Egypt, located in the Cairo suburb of Maadi.
The judicial system of Egypt is an independent branch of the Egyptian government which includes both secular and religious courts.
International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.
The Iran–United States Claims Tribunal (IUSCT) is an international arbitral tribunal established by the Algiers Accords, an international agreement between the U.S. and Iran embodied in two Declarations by the Government of the People's Democratic Republic of Algeria issued on 19 January 1981, to resolve the crisis in relations between the two countries arising out of incidents in U.S. embassy in Tehran.
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 .
Arbitration is a formal method of dispute resolution involving a neutral third party who makes a binding decision. The third party neutral renders the decision in the form of an '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.
The Legal Service of the European Commission is the in-house legal counsel to the commission, located in Brussels. It ensures that Commission decisions comply with EU law, preventing or reducing the risk of subsequent litigation. It provides legal advice to the commission and its departments, and represents the Commission in court cases.
Makhdoom Ali Khan, is a Pakistani lawyer who is a Senior Advocate Supreme Court. Khan has held numerous positions, including Attorney General of Pakistan, chairman of the Pakistan Bar Council, member of the Law and Justice Commission of Pakistan, board member of the Federal Judicial Academy of Pakistan and of the Sindh Judicial Academy.
Section 1782 of Title 28 of the United States Code is a federal statute that allows a litigant (party) to a legal proceeding outside the United States to apply to an American court to obtain evidence for use in the non-US proceeding, a process known as discovery. The full name of Section 1782 is "Assistance to foreign and international tribunals and to litigants before such tribunals".
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
Investor–state dispute settlement (ISDS), or an investment court system (ICS), is a set of rules through which states can be sued by foreign investors for certain state actions affecting the foreign direct investments (FDI) of that investor. This most often takes the form of international arbitration between the foreign investor and the state. As of June 2024, over US$113 billion has been paid by states to investors under ISDS, the vast majority of the money going to fossil fuel interests.
Sean David Murphy is an American international law scholar currently serving as the Manatt/Ahn Professor of International Law at the George Washington University Law School in Washington, D.C., where he has been teaching since 1998. His primary areas of scholarly research are public international law, foreign affairs and the Constitution of the United States, international organizations, international dispute settlement, and law of the sea. Murphy served for ten years on the Board of Editors of the American Journal of International Law and is a former president of the American Society of International Law. In 2016, the United Nations General Assembly re-elected Murphy to serve as a Member of the U.N. International Law Commission (ILC). He was named by the ILC as Special Rapporteur for Crimes Against Humanity, a topic on which he has lectured widely.
The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.
Markiyan Markiyanovych Malsky is a Ukrainian lawyer and politician. He was Governor of Lviv Oblast.
