International judicial institutions can be divided into courts, arbitral tribunals and quasi-judicial institutions. Courts are permanent bodies, with near the same composition for each case. Arbitral tribunals, by contrast, are constituted anew for each case. Both courts and arbitral tribunals can make binding decisions. Quasi-judicial institutions, by contrast, make rulings on cases, but these rulings are not in themselves legally binding; the main example is the individual complaints mechanisms available under the various UN human rights treaties.
The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 122 states. It is not a United Nations agency, but a United Nations observer.
The International Chamber of Commerce is the largest, most representative business organization in the world. Its over 45 million members in over 100 countries have interests spanning every sector of private enterprise.
The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors and States. ICSID is part of and funded by the World Bank Group, headquartered in Washington, D.C., in the United States. It is an autonomous, multilateral specialized institution to encourage international flow of investment and mitigate non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development's executive directors and signed by member countries. As of May 2016, 153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. The Convention requires courts of contracting states to give effect to private agreements to arbitrate and to recognize and enforce arbitration awards made in other contracting states. Widely considered the foundational instrument for international arbitration, it applies to arbitrations that are not considered as domestic awards in the state where recognition and enforcement is sought.
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.
The Willem C. Vis International Commercial Arbitration Moot or Vis Moot is an international moot competition. Since 1994, it has been held annually in Vienna, Austria, attracting more than 300 law schools from all around the world and spurring the creation of more than 20 pre-moots each year before the actual rounds are held in Vienna. It is the largest arbitration moot competition, and second-largest moot overall, in the world; considered a grand slam or major moot. A sister moot, known as the Willem C. Vis (East) Moot, is held in Hong Kong just before the rounds in Vienna. It was established in 2003 and attracts around 150 teams every year, making it the second largest commercial arbitration moot and also a grand slam moot. It uses the same moot problem as the Vis Moot, as does the various pre-moot friendlies.
The Egyptian State Lawsuits Authority is an Egyptian judicial institution.
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include a chairperson or an umpire. Members selected to serve on an arbitration panel are typically professionals with expertise in both law and in friendly dispute resolution (mediation). Some scholars have suggested that the ideal composition of an arbitration commission should include at least also one professional in the field of the disputed situation, in cases that involve questions of asset or damages valuation for instance an economist.
Emmanuel Gaillard was a prominent practicing attorney, a leading authority on international commercial arbitration, and a law professor. He founded the international arbitration practice of the international law firm Shearman & Sterling before launching Gaillard Banifatemi Shelbaya Disputes, a global law firm dedicated to international arbitration, in 2021. He frequently acted as an arbitrator in international commercial or investment disputes.
Justice Jean-Paul Beraudo is a lawyer, academic and author of legal works. He was Justice at the French Supreme Court and vice-chairman of the International Court of Arbitration. He lectures on International Private Law and International Trade Law at Panthéon-Sorbonne University and on Company law at Sciences-Po, Paris. The International Institute for the Unification of Private Law (UNIDROIT) appointed him correspondent for France and a member of the scientific committee.
Muthucumaraswamy Sornarajah is a legal academic. He is an Emeritus Professor and former C. J. Koh Professor of Law at the National University of Singapore, the Tunku Abdul Rahman Professor of Law at the University of Malaya, and the former head of the school of law at the University of Tasmania. He is also a Visiting Professor at the Centre for Human Rights, London School of Economics. He has been arbitrator, counsel or expert in several leading investment arbitrations.
Albert Jan van den Berg is a founding partner of Hanotiau & van den Berg in Brussels, an Emeritus Professor of Law at the Erasmus University, Rotterdam, a visiting professor at Georgetown University Law Center, Washington DC and at the University of TsinghuaArchived 2018-08-10 at the Wayback Machine School of Law, Beijing and a member of the Advisory Board and Faculty of the Geneva Master of Laws in International Dispute Settlement (MIDS), Geneva.
The Arbitration Act 1996 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.
Ilya Nikiforov is a Russian lawyer, founding member and Managing partner at Egorov Puginsky Afanasiev & Partners Law Offices, former lecturer at the Department of Civil Law at Saint Petersburg State University School of Law.
Kompetenz-kompetenz, or competence-competence, is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it. The concept arose in the Federal Constitutional Court of Germany. Since then, kompetenz-kompetenz has often been important in international arbitration.
Arbitration in the British Virgin Islands is regulated principally by the Arbitration Act, 2013 which came into force on 1 October 2014. Prior to that date, arbitration was regulated by the Arbitration Cap, 1976.
Markiyan Markiyanovych Malsky is a Ukrainian lawyer and politician. He was Governor of Lviv Oblast.
