Methods of Dispute Resolution in Inter-State Litigation : when States go to Arbitration rather than Adjudication

Abstract

When States decide to litigate their legal differences, different factors – not always of a strictly legal nature – come into play that can tilt the balance in favour of arbitration or judicial settlement. This article does not purport to take a position in favour of arbitration, as opposed to adjudication by an international court or tribunal, but merely to identify some of the considerations which a State may be confronted with when it selects arbitration amongst the available alternatives for inter-State dispute resolution. When diplomacy fails, and adjudication by a permanent court or tribunal is not the preferred solution, international arbitration is considered to be an effective and equitable means of settling a dispute.