Compulsory Arbitration of International Disputes

Compulsory Arbitration of International Disputes

Compulsory Arbitration of International Disputes

Compulsory Arbitration of International Disputes

Excerpt

The present work deals exclusively with the obligations of states to arbitrate their disputes. It is not a general study of arbitration. Consequently it does not cover such topics as the settlement of disputes by voluntary arbitration, the composition of arbitral tribunals, arbitral procedure, the law applied by arbitral courts and the binding effect of the award, except where discussion of these aspects of arbitration assists in the examination of the obligation to arbitrate.

The system of obligations whereby states have undertaken, in advance, to have recourse to arbitration for the settlement of their disputes is known as compulsory arbitration. The resort to arbitration by states where there is no obligation to do so is known as voluntary arbitration and does not come within the scope of the present work. The terms compulsory arbitration and voluntary arbitration, as used in this work, refer to the manner in which the decisions of states to have recourse to arbitration are taken. The process of litigation itself is indicated in the following pages by the phrase practice of arbitration.

A differentiation has been made between arbitration in a broad sense and arbitration in a narrow sense. Broadly used, the term, according to Huber, includes every definitive settlement of a dispute by persons or organizations chosen by the parties, while in its narrow sense it embraces only such of these settlements as are made according to law. In like manner the Permanent Court of International Justice de-

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