ILO L231M: International Arbitration
This half-credit module explores the nature and application of international arbitration as a method of dispute resolution in international economic and political relations. A widely used but not generally well-known process, international arbitration is basically a method of dispute settlement that involves the referral of the dispute to an impartial tribunal or panel for a binding decision according to agreed-upon norms, often on the basis of international law. It is applicable to three general types of disputes: 1) disputes between states (interstate arbitration); 2) disputes between states and private parties (e.g. investor-state arbitration); and 3) disputes arising out of international business transactions either between private parties or between private parties and governmental entities (e.g. international commercial arbitration). This module will examine all three types of international arbitration and will consider their legal basis, their methods of operation, and their potential advantages and disadvantages both for the disputants and the wider international community. A student's final evaluation in the course will be based on a paper of not more than 3000 words (65%) and participation in class sessions (35%). The course is relevant to the academic interests of LLM students, because of its legal component, MIB students, because of arbitration's key role in the settlement of international business disputes, and MALD students with interests in international conflict resolution. The course is listed in the fields of Public International Law and International Negotiation and Conflict Resolution and has no required pre-requisites.