International Arbitration: Improving its Role in Dispute Settlement

TitleInternational Arbitration: Improving its Role in Dispute Settlement
Publication TypeMonographs
Year of Publication1989
AuthorsBaratta JPreston
Abstract

This monograph examines the advantages of international arbitration as a means of dispute resolution. The author advocates long-range institutional changes modeled on the arbitral provisions of the Law of the Sea Treaty - 56 pages.

Full Text

Arbitration can produce binding, impartial, and just decisions, but it is important to remember that its basis is mutual consent. Arbitration is "compulsory" or binding only in the sense that states agree beforehand to accept third-party settlement, in the expectation that the award will be fair and impartial.

Political changes must precede institutional changes. We recommend that the advantages of arbitral settlements be kept before national leaders, policy makers, and the public. Policies should be pursued to increase national habits of going to international arbitral tribunals for the peaceful settlement of disputes. We recommend that states increase the use of ICJ Chambers, increase use of arbitral tribunals where political and economic issues can be raised with legal issues to produce more "win-win" complex awards, and educate the public that there is no dishonor in submitting a dispute to an impartial international legal body.

(Excerpts taken from pages 50-52 of Monograph 7)