Dispute resolution is the process of resolving disputes between parties. The term dispute resolution may also be used interchangeably with conflict resolution, where conflict styles can be used for different scenarios, and is a judicial system which supply a apparatus for resolution of antagonisms between citizens, between citizens and the government, between two state government and between the centre and state governments.
The Permanent Court of Arbitration (PCA) is an intergovernmental organization located at The Hague in the Netherlands. The PCA is not a court in the traditional sense but 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 121 states. The organization is not a United Nations agency,
but the PCA is an official United Nations Observer.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single judge could describe that judge as 'their tribunal'. Many governmental bodies that are titled 'tribunals' are so described to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda is a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, to which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often styled 'tribunals'. However, the word tribunal is not conclusive of a body's function–for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce.
R v Secretary of State for Transport was a judicial review case taken against the United Kingdom government by a company of Spanish fishermen who claimed that the United Kingdom had breached European Union law by requiring ships to have a majority of British owners if they were to be registered in the UK. The case produced a number of significant judgments on British constitutional law, and was the first time that courts held that they had power to restrain the application of an Act of Parliament pending trial and ultimately to disapply that Act when it was found to be contrary to EU law.
The European Union Civil Service Tribunal was a specialised court within the Court of Justice of the European Union. It was established on 2 December 2005. It ceased to exist on 1 September 2016.
Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, which renders the "arbitration award". An arbitration award is legally binding on both sides and enforceable in the courts.
The London Court of International Arbitration (LCIA) is an institution based in London, United Kingdom providing the service of international arbitration.
An arbitral tribunal is a panel of one or more 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 either a chairman or an umpire. Members selected to serve on the tribunal are typically professionals with expertise in law and mediation, although some scholars have suggested that the ideal composition of an arbitral tribunal should include at least one economist, particularly in cases that involve questions of asset or damages valuation.
International law, also known as public international law or law of nations, is the set of rules, norms, and standards generally regarded and accepted in relations between nations. It establishes normative guidelines and a common conceptual framework for states to follow across a broad range of domains, including war, diplomacy, human rights, commerce, and environmental preservation. International law thus provides a mean for states to practice more stable, consistent, and organized international relations.
Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law over the laws of its member states'.
Allonby v Accrington & Rossendale College (2004) C-256/01 is a European Union law case concerning the right of men and women to equal pay for work of equal value under Article 141 of the Treaty of the European Community.
Alternative dispute resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with the help of a third party.
Van Duyn v Home Office (1974) C-41/74 was a case of the European Court of Justice concerning the free movement of workers between member states.
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State. A preliminary ruling is a final determinations of EU law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling.
In international law and diplomacy, a compromis is an agreement between two parties to submit a dispute to international arbitration for a binding resolution. A compromis is made after a dispute has already arisen, rather than before.. The compromis identifies a neutral third party - the arbitrator or arbitral tribunal - or specifies the manner of appointment. The compromis often sets forth the precise question or questions to be decided; the arbitral rules of procedure; the seat of the tribunal; the languages to be used in the proceeding; the applicable law; and the payment of costs.
The Court of Justice of the European Union (CJEU) is the institution of the European Union (EU) that encompasses the whole judiciary. Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, it consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also consisted of the Civil Service Tribunal. It has a sui generis court system, meaning "of its own kind", and is a supranational institution.
Investor-state dispute settlement (ISDS) or investment court system (ICS) is a system through which investors can sue nation states for alleged discriminatory practices. ISDS is an instrument of public international law and provisions are contained in a number of bilateral investment treaties, in certain international trade treaties, such as NAFTA, and the proposed TPP and CETA agreements. ISDS is also found in international investment agreements, such as the Energy Charter Treaty. If an investor from one country invests in another country, both of which have agreed to ISDS, and the host state violates the rights granted to the investor under the treaty, then that investor may bring the matter before an arbitral tribunal.
