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Chapter

Cover A Practical Approach to Alternative Dispute Resolution

19. International Mediation  

This chapter evaluates international mediation. Mediation is particularly effective as an alternative dispute resolution (ADR) process for resolving international disputes because it enables linguistic and cultural differences to be managed and respected to a greater extent than is possible in court proceedings. Moreover, it avoids complex arguments about which court has jurisdiction to determine the dispute and which system of law applies to the dispute. The chapter then looks at the EU Directive on mediation in civil and commercial matters, which sets minimum standards for mediation in EU countries. The United Kingdom has implemented the Directive by adding to the suspension of the operation of the limitation period while the parties are attempting mediation in a cross-border dispute, and providing for mediation settlement agreements in such disputes to be made orders of the court for ease of enforcement by enabling parties to apply for a Mediation Settlement Enforcement Order (MSEO).

Chapter

Cover International Law Concentrate

10. Peaceful settlement of disputes  

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

Book

Cover A Practical Approach to Alternative Dispute Resolution

Susan Blake, Julie Browne, and Stuart Sime

A Practical Approach to Alternative Dispute Resolution provides a commentary on all of the major areas of out-of-court dispute resolution. The text is made up of six parts. Part I looks at the history and range of alternative dispute resolution (ADR) methods. The second part moves on to the interplay between ADR, civil procedural rules (CPR), and litigation. The third part focuses on negotiation and mediation. It looks at styles, strategies, and tactics; preparation for mediation; and the mediation process as a whole. It also touches on international mediation. Part IV is about evaluation, conciliation, and Ombudsmen. The fifth part examines recording settlement. The sixth and final part is about adjudicative ADR. It contains chapters on expert or neutral determination, construction industry adjudication, arbitration, arbitration tribunals, commercial arbitration, international arbitration, awards and orders, High Court jurisdiction in arbitration claims, and, finally, enforcement of settlement and awards.

Chapter

Cover International Law

12. International dispute settlement and the ICJ  

This chapter examines the various political or diplomatic methods available for international dispute settlement. These methods include negotiation, mediation or ‘good offices’, inquiry, and conciliation. The array of diplomatic techniques available to parties to resolve a dispute is complemented by various means of settling disputes through the application of binding solutions based on the law. Two in particular, arbitration and adjudication, principally developed from earlier forms of non-binding settlement. Though these are different, they are linked by two principal characteristics. Foremost, they allow for a third party to issue a decision that is binding on the parties. Secondly, resorting to these methods requires the prior consent of the parties. The chapter then considers the International Court of Justice, the ‘principal judicial organ’ of the United Nations. The ICJ’s structure was frequently utilized as a model for later judicial institutions, making an enormous contribution to the development of international law.