Role of International Arbitration in Resolving International Disputes and Analysis of Examples

Research Article
Open access

Role of International Arbitration in Resolving International Disputes and Analysis of Examples

Xinze Li 1*
  • 1 Ocean University of China    
  • *corresponding author lxzlxzwork@163.com
Published on 18 April 2024 | https://doi.org/10.54254/2753-7048/44/20230085
LNEP Vol.44
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-357-9
ISBN (Online): 978-1-83558-358-6

Abstract

The international community often uses international arbitration to resolve international disputes, and in arbitration, the parties often challenge the jurisdiction of the arbitration. This paper first discusses the three characteristics of international arbitration and four main types of international arbitration public organizations and then addresses the issues associated with the jurisdiction of international arbitration. In this part, it includes the definition as well as the scope of jurisdiction, and the factors considered in establishing it are mentioned, also the current problems of jurisdiction. In the second part, the paper discusses and analyzes today’s jurisdictional disputes through four international arbitration cases related to territory and sea. These cases discuss the conditions for the use and scope of compulsory jurisdiction and the treatment of arbitrations traditionally outside the jurisdiction of the court by a particular court are addressed, and the cases also deal with the problem of who decides if the arbitral tribunal has jurisdiction. About final section, discusses by way of example, the gradual expansion of arbitration jurisdiction today and the many problems that may exist as a result of this trend, such as the pressures placed on arbitrators and arbitral tribunals and implications for the nature of arbitral tribunals.

Keywords:

International Arbitration, Arbitration Jurisdiction, International Disputes

Li,X. (2024). Role of International Arbitration in Resolving International Disputes and Analysis of Examples. Lecture Notes in Education Psychology and Public Media,44,90-96.
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References

[1]. Blocher, Joseph, and Bardia Vaseghi. “True Threats, Self-Defense, and the Second Amendment.” The Journal of Law, Medicine & Ethics, vol. 48, no. S4, 2020, pp. 112–118, https://doi.org/10.1177/1073110520979409.

[2]. Born, Gary. International Arbitration: Law and Practice. Second ed., 2016.

[3]. Solomon, Solon. “Broadening International Criminal Jurisdiction?” International Human Rights Law Review, vol. 4, no. 1, 2015, pp. 53–80.

[4]. Ruxin Chen. On Jurisdictional Challenges in International Commercial Arbitration. 2008. Dalian Maritime University, MA thesis.

[5]. The South China Sea Arbitration (The Republic of Philippines v. The People’s Republic of China), https://pca-cpa.org/en/cases/7/, visited on 25 July 2023.

[6]. China’s deceleration, Declaration and Reservations, UN, dated 25th August 2006, see https://treaties.un.org/Pages/Declarations.aspx?index=China&lang=-en&chapter=21&treaty=463, visited on 25 July 2023.

[7]. Rishik, Parth, and Malvika Sharma. “Arbitration under UNCLOS: An Analysis of Arbitration in Law of the Sea.” International Journal of Law Management & Humanities, 5, 2022, pp.1423-[cxxiv].

[8]. Liu, Heng. "Review of Literature on Jurisdiction and Admissibility of the South China Sea Arbitration." China Oceans Law Review, vol. 2021, no. 4, 2021, pp. 20-46.

[9]. Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom), https://pca-cpa.org/en/cases/11/, visited on 25 July 2023.

[10]. Nguyen, Lan Ngoc. “The Chagos Marine Protected Area Arbitration: Has the Scope of LOSC Compulsory Jurisdiction Been Clarified.” International Journal of Marine and Coastal Law, vol. 31, no. 1, 2016, pp. 120-144.

[11]. Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), https://pca-cpa.org/en/cases/149/, visited on 25 July 2023.

[12]. Volterra, Robert G., et al. “Ukraine/Russian Federation: The Characterisation of the Dispute concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait.” International Journal of Marine and Coastal Law, vol.33, no.3, 2018, pp. 614-622.

[13]. For instance, North Sea Continental Shelf (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands), Judgment, I. CJ Reports 1969, P. 3, at paragraph 96; Maritime Delimitation in the Black Sea (n 7), at paragraph 77.

[14]. In the Matter of an Arbitration under the Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia, Signed on 4 November 2009, PCA Case No.2012-04, Partial Award, 30 June 2016.

[15]. Prosecutor V. Dusko Tadic A/K/A Dule," ICTY Case No.IT-94-1-AR72, Appeals Chamber, Decision of 2 0ctober 1995, para.18.

[16]. Lijiang Zhu. “Termination of Validity of International Arbitration Agreements - An Analysis of the Arbitration Case on the Territorial Sea Dispute between Slovenia and Croatia” Boundary and Ocean Studies 2.02(2017):32-42.

[17]. Trindade, Antonio Augusto Cancado. "Reflections on a Century of International Justice; Developments, Current State and Perspectives." Revista da Faculdade de Direito da Universidade Federal de Minas Gerais, 68, 2016, pp.115-154.

[18]. Talmon, Stefan. “The Chagos Marine Protected Area Arbitration: Expansion of the Jurisdiction of Unclos Part XV Courts and Tribunals.” International and Comparative Law Quarterly, vol. 65, no. 4, 2016, pp. 927–951.

[19]. Ec in “about in the Pacific Ocean southeast of conservation and sustainable fishing fish” case, as responses to the defendant, reflects the international organizations in the international tribunal for the litigation status, https://news.un.org/en/story/2005/12/164942, visited on 25 June, 2023.

[20]. Xuexia Liao. “Expansion ratione materiae of the jurisdiction of tribunals and arbitral tribunals under ITLOS.” Global Law Review 44.06(2022):171-186.


Cite this article

Li,X. (2024). Role of International Arbitration in Resolving International Disputes and Analysis of Examples. Lecture Notes in Education Psychology and Public Media,44,90-96.

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Volume title: Proceedings of the International Conference on Global Politics and Socio-Humanities

ISBN:978-1-83558-357-9(Print) / 978-1-83558-358-6(Online)
Editor:Enrique Mallen, Javier Cifuentes-Faura
Conference website: https://www.icgpsh.org/
Conference date: 13 October 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.44
ISSN:2753-7048(Print) / 2753-7056(Online)

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References

[1]. Blocher, Joseph, and Bardia Vaseghi. “True Threats, Self-Defense, and the Second Amendment.” The Journal of Law, Medicine & Ethics, vol. 48, no. S4, 2020, pp. 112–118, https://doi.org/10.1177/1073110520979409.

[2]. Born, Gary. International Arbitration: Law and Practice. Second ed., 2016.

[3]. Solomon, Solon. “Broadening International Criminal Jurisdiction?” International Human Rights Law Review, vol. 4, no. 1, 2015, pp. 53–80.

[4]. Ruxin Chen. On Jurisdictional Challenges in International Commercial Arbitration. 2008. Dalian Maritime University, MA thesis.

[5]. The South China Sea Arbitration (The Republic of Philippines v. The People’s Republic of China), https://pca-cpa.org/en/cases/7/, visited on 25 July 2023.

[6]. China’s deceleration, Declaration and Reservations, UN, dated 25th August 2006, see https://treaties.un.org/Pages/Declarations.aspx?index=China&lang=-en&chapter=21&treaty=463, visited on 25 July 2023.

[7]. Rishik, Parth, and Malvika Sharma. “Arbitration under UNCLOS: An Analysis of Arbitration in Law of the Sea.” International Journal of Law Management & Humanities, 5, 2022, pp.1423-[cxxiv].

[8]. Liu, Heng. "Review of Literature on Jurisdiction and Admissibility of the South China Sea Arbitration." China Oceans Law Review, vol. 2021, no. 4, 2021, pp. 20-46.

[9]. Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom), https://pca-cpa.org/en/cases/11/, visited on 25 July 2023.

[10]. Nguyen, Lan Ngoc. “The Chagos Marine Protected Area Arbitration: Has the Scope of LOSC Compulsory Jurisdiction Been Clarified.” International Journal of Marine and Coastal Law, vol. 31, no. 1, 2016, pp. 120-144.

[11]. Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), https://pca-cpa.org/en/cases/149/, visited on 25 July 2023.

[12]. Volterra, Robert G., et al. “Ukraine/Russian Federation: The Characterisation of the Dispute concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait.” International Journal of Marine and Coastal Law, vol.33, no.3, 2018, pp. 614-622.

[13]. For instance, North Sea Continental Shelf (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands), Judgment, I. CJ Reports 1969, P. 3, at paragraph 96; Maritime Delimitation in the Black Sea (n 7), at paragraph 77.

[14]. In the Matter of an Arbitration under the Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia, Signed on 4 November 2009, PCA Case No.2012-04, Partial Award, 30 June 2016.

[15]. Prosecutor V. Dusko Tadic A/K/A Dule," ICTY Case No.IT-94-1-AR72, Appeals Chamber, Decision of 2 0ctober 1995, para.18.

[16]. Lijiang Zhu. “Termination of Validity of International Arbitration Agreements - An Analysis of the Arbitration Case on the Territorial Sea Dispute between Slovenia and Croatia” Boundary and Ocean Studies 2.02(2017):32-42.

[17]. Trindade, Antonio Augusto Cancado. "Reflections on a Century of International Justice; Developments, Current State and Perspectives." Revista da Faculdade de Direito da Universidade Federal de Minas Gerais, 68, 2016, pp.115-154.

[18]. Talmon, Stefan. “The Chagos Marine Protected Area Arbitration: Expansion of the Jurisdiction of Unclos Part XV Courts and Tribunals.” International and Comparative Law Quarterly, vol. 65, no. 4, 2016, pp. 927–951.

[19]. Ec in “about in the Pacific Ocean southeast of conservation and sustainable fishing fish” case, as responses to the defendant, reflects the international organizations in the international tribunal for the litigation status, https://news.un.org/en/story/2005/12/164942, visited on 25 June, 2023.

[20]. Xuexia Liao. “Expansion ratione materiae of the jurisdiction of tribunals and arbitral tribunals under ITLOS.” Global Law Review 44.06(2022):171-186.