Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
The International Court of Justice is the only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues. It is one of the six organs of the United Nations (UN), and is located in The Hague, Netherlands.
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.
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts.
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. It is not a United Nations agency, but a United Nations observer.
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 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 alternative dispute resolution (ADR) involving a neutral third party who makes a binding decision. 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.
Makhdoom Ali Khan, is a practising Senior Advocate Supreme Court. Makhdoom Ali Khan is a former Attorney General of Pakistan, former chairman Pakistan Bar Council, former member of the Law and Justice Commission of Pakistan, former board member of the Federal Judicial Academy of Pakistan and a former board member of the Sindh Judicial Academy. He is a serving Member on the Governing Board of the British Pakistan Law Council, an Officer of the Board of the Forum for International Conciliation and Arbitration (FICACIC), a member of the Board of Trustees of the Dubai International Arbitration Centre, a member of the Advisory Board of the Citizens Police Liaison Committee (CPLC), a former member of the court of the London Court of International Arbitration and a member of the International Centre for Settlement of Investment Dispute's (ICSID) Chairman's Panel of Arbitrators. He has consistently been ranked amongst the top three litigators in Pakistan over the last three decades both by reputation and in international rankings in legal publications and amongst the top two litigators in the Sindh High Court in Karachi. Since his return to private practice in 2007 he is globally regarded as the preeminent commercial, taxation and constitutional litigator, arbitrator and arbitration lawyer in Pakistan.
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 countries can be sued by foreign investors for certain state actions affecting the investments (FDI) of that investor by that state. This most often takes the form of international arbitration between the foreign investor and nation. For the rules to be effective, they must have been agreed upon between the states concerned.
Albert Jan van den Berg is a founding partner of Hanotiau & van den Berg in Brussels, an Emeritus Professor of Law at the Erasmus University, Rotterdam, a visiting professor at Georgetown University Law Center, Washington DC and at the University of TsinghuaArchived 2018-08-10 at the Wayback Machine School of Law, Beijing and a member of the Advisory Board and Faculty of the Geneva Master of Laws in International Dispute Settlement (MIDS), Geneva.
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.
ZF Automotive U. S., Inc. v. Luxshare, Ltd., 596 U.S. ___ (2022), is a decision of the United States Supreme Court on the scope of §1782 of Title 28 of the United States Code. The issue of statutory interpretation for the Court was whether a private commercial arbitral tribunal constitutes a "foreign or international tribunal" under 28 U.S.C. § 1782(a) and therefore empowers federal districts courts to compel the production by persons subject to their jurisdiction of documents and testimony for such tribunals.
