The role of the Permanent Court of Arbitration in international dispute resolution : addresses on 6 and 27 July 1999, at the Hague Academy of International Law, Peace Palace, The Hague, on the occasion of the Centennial Celebration of the Permanent Court of Arbitration

2010 ◽  
pp. 17-48
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Centennial Celebration ◽  
International Dispute ◽  
The Hague

scholarly journals The Nature of the Iran-United States Claims Tribunal and the Evolving Structure of International Dispute Resolution

1990 ◽  
Vol 84 (1) ◽  
pp. 104-156 ◽  
Author(s):  
David D. Caron
Keyword(s):  
United States ◽  
International Law ◽  
Dispute Resolution ◽  
Gold Mine ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
International Dispute ◽  
The Hague

The Iran-United States Claims Tribunal has been called “the most significant arbitral body in history”; its awards, “a gold mine of information for perceptive lawyers.” In a recent international commercial arbitration, however, an arbitrator reportedly stated that decisions of the Tribunal, although on point, were not persuasive because the Tribunal, after all, involves a special type of arbitration. This arbitrator is not alone. A lecturer at the Hague Academy of International Law, speaking on international commercial arbitration, reportedly did not refer to the Tribunal’s jurisprudence because he did not find it relevant to his work for the same reason. Viewed as a gigantic experiment in international dispute resolution rather than merely a claims settlement device for this particular group of disputes, the Tribunal thus appears (at least to some) to yield decisions of unclear precedential value. Millions of dollars have been spent on its operation and hundreds of awards rendered, yet an apparently not uncommon perception is that the work of this, in some respects unique, institution is not applicable elsewhere.

The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law

2019 ◽  
pp. 295-309
Author(s):  
Ignacio Goicoechea ◽  
Hans van Loon
Keyword(s):  
International Law ◽  
Latin American ◽  
Lessons Learned ◽  
Legal Issues ◽  
Private International Law ◽  
Child Abduction ◽  
Working Cycle ◽  
The Hague ◽  
Changing Role

The article discusses the role of judges in the development of private international law (PIL). It highlights the changing role of judges in the context of contemporary globalization, and argues that as a result of the expansion of their international duties, judges, in a way that is analogous to the working cycle of the Hague Conference on Private International Law, also have a role in identifying legal issues that must be addressed by PIL, developing tools to address those issues, ensuring the implementation and operation of these tools, and assessing their effectiveness. The article also highlights the contribution of judges to the development of Hague Conventions, and describes the very important role of Latin American judges in the development of special devices to promote the implementation, operation and assessment of the 1980 Hague Child Abduction Convention in Latin America.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

Part IV The Role of Arbitrators in the Development of Shipping Law, 19 Dispute Resolution in the Maritime World: Arbitrators in Support of Mediation

2016 ◽  
Author(s):  
Lux Jonathan
Keyword(s):  
Dispute Resolution ◽  
International Dispute ◽  
To Come

This chapter reflects on the growing influence of mediation, the features of which may provide a source of inspiration for arbitration to evolve. It argues that arbitrators have the power to stay the arbitration so as to offer a ‘mediation window’. It follows that, in exercising their discretion on costs, arbitrators should be entitled to ‘sanction’ the successful party and deprive him of some or all of his costs by reason of his failure to engage with a mediation proposal and/or refusal to mediate. Of course the London Maritime Arbitrators Association (LMAA) can put the matter beyond doubt by amending its Rules to provide expressly for such powers. Doing so will ensure that London remains the leading international dispute resolution centre for many years to come.

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