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International Arbitration (before the first international courts or…
International Arbitration
before the first international courts or tribunals were created
Ancient Greece
Middle Ages
single arbitrator called
Empire
Usually the Pope, or the King or Emperor of another territory
not fully impartial
based of principles of equity
Peace treaties of
Westphalia
(1648)
arbitration almost disappeared in interstate relations
resurfaced towards the end of the 18th and 19th century
The Jay Treaty arbitration
the starting point of modern international arbitration
between Great Britain and the United States
to settle outstanding issues following the American War of Independence
3 types of commissions
1st
dispute between the two
states
in relation mainly to
boundaries
2nd
claims for compensation due to
British nationals
for
debts
owed to them by
US nationals
would be compensated by the US.
3rd
claims from
United States nationals
against
Great Britain
for treatment of their
property
subsequent to the independence of the United States
decisions based on law
composed by nationals of both parties
paved the way not only for a modern form of arbitration to settle disputes between two states, but also for disputes between nationals of one state and another state
The Alabama Claims arbitration
dispute related to
damages
suffered by the US government, due to attacks on union ships by Confederate Navy ships which had been built in British shipyards during the American Civil War
One of the ships was the CSS Alabama
Washington Treaty (1871)
claims settled through an
international arbitration tribunal in Geneva
Arbitration ruled in favor of the US
important precedent to successfully settle interstate claims through arbitration
composed of a majority of arbitrators which were not nationals of one of the states party to the dispute
established the rule that the parties to the dispute can freely determine the
law applicable
to the dispute, and that this can include non-binding rules or so-called soft law
paved the way for the
1899 Hague Convention
which created the
Permanent Court of Arbitration
19th/20th century
mixed claims commissions
interstate claims and/or claims from nationals of one state against another state
the claims of individuals very often had to be brought by the state of their nationality
several United States-Mexico claims commissions in the late 19th and early 20th century
commissions established after the second world war to settle claims with Germany
Creation of the
Permanent Court of International Justice
in 1921
arbitration became less popular especially to settle interstate disputes
end of the Cold War
arbitration has been increasingly popular among states
2 more items...
disputes
between states and state like entities
settled through