International Arbitration

International Arbitration

Arbitration is one of the methods of settling disputes between two or more persons or parties by reference of the disputes to an independent and impartial person called arbitrator. Arbitrator is a person who is appointed to determine differences and disputes between two or more parties by their mutual consent.

Arbitrator gives its opinion without being partial and then tries to patch up between the two parties.

International arbitration also allows the same method. Therefore, when there is any problem between two countries then they take the matter to international court of arbitration. International arbitration is sometimes called a hybrid form of international disputes resolution.

At present, there is a government of international agreements in the world, and with the United Nations and other international organizations, they are controlling the world’s system through these international agreements.

The World War of Justice is the primary part of the UN’s central justice system, whose main purpose is to solve the legal dispute between the two countries, was established in 1945 under UN Charter, but Justice International is to be considered separate from the court criminal.

Most international arbitration is an institution provide rules which governs the resolution disputes to be resolved via arbitration. There are many international courts of arbitration such as ICC (International Chamber of Commerce), LCIA (London Court of International Arbitration), ICSID (International Centre for Settlement of Investment Dispute) and ICDR (International Centre for Dispute Resolution).

International arbitration is similar to domestic court litigation but instead of taking place before a domestic court, it takes place before private adjudicators known as arbitrator. It is a consensual, neutral, binding private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings

The court consist of 15 judges, who belong to a separate member country and are elected for nine years, the current of the court relates to France as Vice President. The relationship is from Somalia when the remaining members are from 13 countries including Britain, Australia, China, Japan and India. Only those countries can take disputes to International Arbitration which have signed agreement with them or the ones who are the member of united national. Those countries who approach this court have to accept the rules of international arbitration. Appeal cannot be filed another court against this court decision. The official language of the court is English and French, so the cases presented here may be in two languages generally, countries prefer English. While in the domestic court the judge may be of the same place or country in   the court and they can proceed the case in their local language.

Who can refer to the International Arbitration: - this court provides only a solution to the legal settlement between the countries, so only countries can take the case which has an individual nature case, they should also be presented by the country. Otherwise, will be out of the court scope. In such a way is not fair to hear the cases filed by individuals, non-government organizations, corporations or other private organizations. On the other hand, in the domestic court if a person is not satisfied with judgement, he can make an appeal in the above court.

International arbitration scope: -the court can not take any action on problem important for a trial in the court that the state should submit itself to the court, so that the court does not have the right to investigate nor the autonomous states the hearings can be done. While on the other hand a domestic court takes charge of the case.

Instead of a full bench, a few benchmarks can also be heard: - This court consist of 15 judges and all members can jointly hear any case, but the Article 26-29 allows the four to five members to make a bench comprising judges. Be able to hear the case in your chambers.

Can not appeal against the court order: - The states who refer to the court must recognise the jurisdiction of this court. The judgement of this court is final and cannot be appealed against them. If a party challenges the scandal or judgement of the decision, it will judge its interpretation. If some facts have come forth that are not presented in the court before which can affect the judicial decision, either of the two parties can apply for revision.

International arbitration works only on negotiation, meditation, conciliation. These court does not work like domestic or criminal court. This court cannot punish the defaulter neither it does any inquiry about the matter nor they can fight for any crime done and also it is not their right to force anyone. In this court time and money is not wasted like domestic court. The matter of this case is heard in the court which can be solved by negotiation. Cases such as criminal, minor guardianships, charity, will related, matrimonial are not solved by international arbitration. These cases are solved only in domestic court. Besides this International arbitration does not solves any type of individual cases.

It means that the work of court is absolutely different from domestic court. They solve the case by highlighting issues of the disputers and leave them just by giving judgements. This court does not force any party with their decision. It only gives decision when both the parties agree with each other.

Different issues of bigger countries around the world are not solved without international arbitration.