International Economic Disputes Research Articles

Choice of Islamic Law in Settlement of International Economic Disputes

Choice of Islamic Law in Settlement of International Economic Disputes

Mediation for the resolution of international economic conflicts. Effective approaches and perspectives

The purpose of this study was to examine mediation as a mechanism for resolving international economic conflicts and to identify effective approaches for their resolution. International economic conflicts are an integral part of today's globalized economy, contributing significantly to the complication of international relations and threatening sustainable development. This article examines the effectiveness and potential of mediation as a tool for resolving international economic conflicts. In particular, the article analyzes the advantages of using mediation, stages of its application, successful practices, as well as challenges and prospects for the development of this method of dispute resolution.
 In the modern world, international economic conflicts are becoming more and more relevant and complex. These conflicts can have serious consequences for states, corporations and international relations in general. This article explores the role and importance of mediation as an effective tool for resolving international economic disputes.
 The purpose of this article is to analyze the use of mediation in resolving international economic conflicts, to identify the advantages of this method, to review its stages and challenges, and to present the prospects for the development of this approach, to understand the essence of mediation and its basic principles. An overview of the advantages of this method, such as preserving business relationships and taking into account the interests of the parties is presented, analyzing the sequence of stages of the mediation process and their role in achieving a settlement. Successful mediation cases are examined in detail, emphasizing the importance of the mediator's role and the advantages of mediation over other dispute resolution methods.
 The limitations of mediation are also discussed and ways to overcome them are suggested. The article concludes by presenting possible directions for the development of mediation, such as integration into international law and the use of modern technologies.
 As a result of the study, it can be concluded about the importance of mediation in resolving international economic conflicts. Its flexibility, focus on the interests of the parties and ability to preserve long-term relationships make mediation an indispensable tool in modern international practice.

International Civil Dispute Resolution Mechanism in East Asia：The Combination of 999Arbitration with Mediation

With the acceleration of international economic globalization, international civil disputes are becoming more complicated. We are facing an urgent issue in which international civil disputes should be resolved quickly and safely with a low cost. East Asia has a promoting position in international economic disputes so the same issue also exists among East Asia regions. In recent years, the combination of arbitration with mediation is well practiced in Chinese arbitration procedure. This mechanism has attracted attention of the whole world. This article investigates on the dispute resolution, which is the combination of arbitration with mediation program in east Asia. The artilce also explores the possibility of the combination of arbitration with mediation program in solving disputes in East Asia and the world through perspectives of regional dispute resolution culture and party autonomy.

U.S. – Russian Trade, International Economic Disputes, and Solutions

U.S. – Russian Trade, International Economic Disputes, and Solutions

Negotiation and mediation as a means of peaceful settlement of international economic disputes

Introduction. Interstate interaction and integration, on the one hand, are the key to the successful functioning of humanity, and on the other hand, they provoke the emergence of international differences and conflicts, including those of an economic nature. Successful settlement of economic differences in accordance with the principle of peaceful settlement of international disputes is a necessary condition for strengthening and developing international cooperation. The issue of peaceful settlement of economic disputes, including through the use of diplomatic means, has been studied by such authors as I.V. Grynchak, О.M. Malysheva, Z.V. Tropin, etc. The purpose of the paper is to determine the specifics of negotiation and mediation as political ways to resolve economic disputes peacefully. Results. In international legal doctrine, the most common is the division of peaceful means of resolving international disputes into diplomatic (political) and legal (judicial). The most common are negotiations, good services and mediation, international arbitration. International negotiations, as part of the system of international relations, on the one hand, feel their influence, acting as a tool in solving a range of foreign policy and, in some cases, domestic policy problems, on the other – themselves affect international relations, largely defining and shaping them. The difference between mediation and negotiation is that a third party intervenes in the dispute resolution process with the aim of reconciling the parties. At the same time, the role of the mediator is quite passive, the purpose of his activity is to establish a constructive dialogue between the conflicting states. Therefore, the result of applying this method in some cases can only be reduced to the resumption of negotiations. Conclusion. Negotiation and mediation are diplomatic (political) means of peaceful settlement of international economic disputes. Such means of resolving international economic disputes are used in the presence of a common will of the parties to resolve the conflict, and a common focus on finding a mutually beneficial and compromise solution to the dispute. A key difference between negotiation and mediation is the involvement of a third party in the mediation process, which helps the parties to reach an agreed and compromise solution.

Arbitration of oil contracts in oil-producing Arab Countries

This study investigates the most important legal matters of arbitration of Arab oil contracts. It has focused on the independent nature of arbitration, and the distinguished characteristics which make arbitration the most preferable means to settle international economic disputes. The study as well as sheds light on the arbitration agreement which included in the oil contracts in a way that excludes this agreement from the legal rules that usually prevent such agreements from developing in scope and content on the one hand, whereas on the other hand the study takes a look on the arbitration tribunal resulting from the arbitration agreement that included in the oil contracts which have special characteristics that distinguishes them from any other contracts in other economical and trading ventures.
 This study has concluded that it is better for the disputes resulting from the oil contracts to be resolved via arbitration without necessarily arbitrated affecting the judicial immunity function. additionally, settlement of disputes in issuing the arbitration decision should be voluntarily implemented by the two parties in conflict. Finally, the researcher recommends arbitration as the only viable tool for settling conflicts/disputes of oil contracts in oil producing Arab nations because it’s the fastest, most reliable, least expensive and time saving method of conflict resolution.

The WTO Panel Report inEU–Energy Packageand Its Implications for the EU's Gas Market and Energy Security

AbstractThis article discusses the decision of the Panel of the World Trade Organization (WTO) in theEU–Energy Packagedispute between the Russian Federation and the European Union (EU) and certain of its Members. This decision is an important milestone in the history of the WTO. First, it presents a good example of how international economic disputes concerning politically sensitive matters, such as energy security, may be resolved in a pragmatic way, by adhering to multilateral trade rules of the WTO. Second, as the first WTO decision to address a Member's regulatory regime for natural gas, it reminds the WTO community that energy trade is not an alien subject for the WTO. In this article, we discuss some of the Panel's findings that may have significance for other similar cases, and examine the implications of these findings for the EU's internal gas market and energy security. The Panel's decision is currently under appeal with a ruling by the WTO Appellate Body not expected before the end of 2019. Hence, the outcome of this dispute remains uncertain.

International Arbitration as a department of resolution of international economic disputes

International Arbitration as a department of resolution of international economic disputes

Consent to Arbitration: African States’ Practice

There is no gainsaying that arbitration is at the center of contemporary discourse and the practice of international litigation and dispute settlement. Africa has not been left out of this trend.2 Dispute resolution on the continent or involving African countries can be categorized into three main forms: (i) the normal domestic court processes for resolving economic and other disputes; (ii) investment treaty disputes in which African countries are primarily defendants or respondents; and (iii) international commercial dispute settlements using arbitration. There are no easy or comprehensive statistics on domestic judicial processes of dispute settlement but statistics on international arbitration—investor–State or commercial—point to an astronomical rise in the use of arbitration as a means of resolving international economic disputes. According to the International Centre for the Settlement of Investment Disputes (ICSID) Secretariat, fewer than 30 cases were filed there in the two decades between 1972 and 1992, but since the turn of the millennium the average number of cases in a single year has been 20.3 The trend in Africa clearly mirrors that of the global trajectory as captured by ICSID. In the last 15 years, African countries have been parties to about 15 percent of ICSID cases. The figure could be much higher if the participation of all African countries were categorized as such rather than being classified as lying either north or south of the Sahara.

As histórias dos sistemas de medidas de comprimento: contribuições para a contextualização no ensino de matemática

O artigo apresenta uma abordagem contextualizada sobre os temas Grandezas e Medidas, componentes do currículo de Matemática da Educação Básica brasileira, visando contribuir para uma análise interdisciplinar e historicamente situada desses conteúdos, apresentados na organização curricular como sistemas de medidas convencionais. Por meio de uma pesquisa bibliográfica e documental, situam-se os temas e suas indicações de abordagens nos Parâmetros Curriculares Nacionais das séries iniciais e finais do Ensino Fundamental e do Ensino Médio, localizando-os no bojo da proposição orientadora e recorrente nestes documentos de contextualização e interdisciplinaridade, problematizando-se a polissemia com que esses conceitos são carregados no debate educacional. Em seguida, sistematizam-se importantes marcos históricos sobre os processos de formulação e adoção de medidas assumidas como padrões universais, compreendendo-os no âmbito das disputas político-econômicas internacionais e, no caso brasileiro, no processo de construção da unidade e da identidade nacionais forjado ao longo do século XIX. Conclui-se que uma abordagem mais complexa sobre os temas curriculares, em especial o conteúdo aqui focalizado, implica não apenas repensar a concepção de Matemática nas primeiras etapas da Educação Básica, superando-se a percepção instrumental dessa ciência, mas também a compreensão histórica dos conceitos ensinados. Desse modo, o artigo busca somar-se às contribuições sobre as novas perspectivas e possibilidades da educação matemática, especialmente à tendência metodológica no ensino de Matemática que tem como forte aliada a História e a História da Matemática como estratégia de ensino.

Tipping Point Challenges in International Economic Disputes

Abstract This article reviews two critical “tipping point” moments in the evolution of international economic law, so-called given the overwhelming response by the international economic law community in each instance suggesting that the moment ought not be repeated as it called into question foundational tenets of the dispute resolution system. In each instance, an adjudicator was dismissed on the basis of his past decision-making, bringing into sharper focus questions about the mandate of the adjudicator and the checks and balances in relation to the adjudicatory role. This article surveys the availability of ethical or other doctrines to guide arbitrators in this respect and calls for change in the interest of preserving the legitimacy of the international economic law adjudicatory systems.

Modern Legal Mechanisms for Resolving International Economic Disputes

The article analyzes the essential features and main approaches to the understanding of the economic dispute as a legal category. Criteria for separating legal disputes from any other kind of disputes are suggested. The authirs substantiate the functional approach to economic disputes as private law disputes arising in the course of any business activity. The issue of the industry affiliation of international economic disputes is examined. The peculiarities of the functioning of the international economic disputes in the Russian Federation are outlined. Special attention is given to dispute resolution mechanisms before the national courts of the Russian Federation with participation of foreign persons. Several problems, in particular, the excessive dependence of arbitration courts from the state authorities and regulated arbitration in Russia are highlighted. The authirs analyze modern procedures for alternative resolution of international economic disputes. Based on the study of the international experience the authors prove the importance of the use of mediation procedures as an effective means of settling private law and public law disputes.

International Economic Disputes, Investment Arbitration and Intellectual Property: Common Descent and Technical Problems

Intellectual Property has always been at the heart of international economic governance. Indeed, the 1883 Paris Convention and the 1886 Berne Convention are commonly considered the first instances of international economic regulation. Hence, although the negotiation and adoption of the Agreement on Trade-Related Intellectual Property Rights (TRIPS Agreement) at the WTO and the inclusion of Intellectual Property (IP) rights among the ‘investments’ often covered under international investment agreements seem to have taken some by surprise, this convergence appeared inscribed in the genealogy of the subject. Many scholars have already paid attention to the relationship between trade, IP and investment, but the ‘technical’ issues that litigation in investment arbitration of IP rights (regulated at the national, regional and international level) might generate have apparently gone unnoticed. This article argues that further integration between the two regimes at the dispute settlement level is not desirable in practice for technical reasons. IP law and governance are highly fragmented and allocated among different fora at the international level. This situation is also reflected in the lack of agreement among states on several IP issues. The litigation of IP rights in investment disputes adds to this fragmentation instead of diminishing it and it appears as an attempt to unduly circumvent the discussions of IP questions taking place in intergovernmental fora.

Trade, Investment and Climate Change: How International Economic Disputes in Renewable Energy are Shaping New Norms of Regime Interaction

This paper analyzes renewable energy-related international economic disputes – both at the World Trade Organization (WTO) and investor-State dispute settlement (ISDS) before an arbitral tribunal as provided under investment treaties – to establish how their adjudication is redefining the norms of interaction between the international legal regimes for trade, investment and climate change. First, it will highlight how dispute settlement in international economic law is sensitive to the current realities of climate change and driving countries to secure greater regulatory space for renewable energy under newly negotiated trade and investment agreements. Second, it will analyze how changing geopolitical relations in the international economic regime are shaping shifts in the concept of differentiation under the climate regime. It uses the illustrative example of India, which increasingly finds itself at the crossroads of trade, investment and climate change, to argue that the blurring of lines between developed and developing countries’ measures in the renewable energy sector, as witnessed through renewable energy-related trade and investment disputes, have had an effect in diluting the concept of differentiation within the climate regime.

Development and Changes of the Value Orientation of the Finality of Awards System of International Commercial Arbitration

With the influence of the concepts such as “business field is battleground” and “time is money”, as one of the most important methods for resolving international economic disputes, international commercial arbitration’s effectiveness has always been recognized as the significant advantage of arbitration in resolving disputes compared with litigations. This paper points out the value deficiency of finality of awards system in arbitration under modern social background after analyzing the value orientation of finality of awards system. After analyzing why international arbitration has become the primary choice for resolving international economic disputes in a deeper scale, this paper explains that finality of awards system is not absolute correct and should compromise with the development of time.

International Development Disputes

This article introduces the concept of "international development disputes". It argues that despite the well-acknowledged vagueness of 'development' as an operative legal concept, there exists a set of international legal differences (primarily international economic disputes, but not exclusively so) that should be identified as international disputes about development. This family of international disputes is discussed and categorized. Recognizing such disputes has implications for the ways in which such disputes are dealt with. In particular, the effectiveness and legitimacy of using judicial methods to address development disputes should be reconsidered.

Precedent in the Settlement of International Economic Disputes: The WTO and Investment Arbitration Models

Precedent in the Settlement of International Economic Disputes: The WTO and Investment Arbitration Models

Conciliation as a mechanism for the resolution of international economic and business disputes

This Article will examine the use of conciliation as a mechanism for the resolution of disputes arising out of trade, investment, and other business relationships in this broadly framed transnational system. Part I presents an overview of dispute resolution methods. Part II provides a definition of “international conciliation.” Part III discusses the various uses of international conciliation as a method for the resolution of international conflicts; this Part highlights several relevant international agreements and organizations. Part IV argues in favor of conciliation as a means for achieving the settlement of international economic and business disputes. CONCILIATION AS A MECHANISM FOR THE RESOLUTION OF INTERNATIONAL ECONOMIC AND BUSINESS DISPUTES

Administration of Justice in the World Trade Organization: Did the WTO Appellate Body Commit 'Grave Injustice'?

AbstractJudicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of 'constitutional justice'. The principles of procedural justice underlying WTO dispute settlement procedures, like the conformity of WTO dispute settlement rulings with principles of 'substantive justice', remain controversial. This contribution criticizes the recent, harsh condemnation of the WTO dispute settlement rulings in the Brazil Tyres case as 'committing grave injustice'. After recalling the customary law requirement of interpreting treaties and settling international disputes 'in conformity with principles of justice' and human rights, the contribution examines the WTO Appellate Body case-law from the perspective of diverse conceptions of 'conservative' and 'reformative justice', 'general' and 'particular justice', procedural and substantive justice, national and multilevel 'constitutional justice', and judicial protection of transnational rule-of-law for the benefit of citizens. The article concludes that the panel, appellate and arbitration reports in the Brazil Tyres dispute, like many other WTO Appellate Body reports, reflect a growing concern 'to administer justice' in WTO dispute settlement proceedings. WTO judges and investor-state arbitrators should follow the example of the ICJ and of European courts and clarify the 'principles of justice' justifying their settlement of international economic disputes so that 'justice is not only done, but also seen to be done', albeit subject to 'trial and error'. Legal practitioners should support – and, as part of the 'invisible college of international lawyers', hold accountable – the emergence of an 'international judiciary' as an 'epistemic community' committed to defending rule of law, peaceful settlement of disputes and 'principles of justice' in mutually beneficial economic cooperation among citizens across national frontiers.

Civil Society's Voice in the Settlement of International Economic Disputes

Civil Society's Voice in the Settlement of International Economic Disputes