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I. Introduction 4. Good offices - sed to denote a procedure mediation or conciliation.

In some ways it is
- What is Conflict? And How to Manage Conflict. whereby a third party or State either on its more similar to court, because at the end of
own initiative or upon request seeks the session the arbitrator makes a binding
 Conflict is actual or perceived opposition of through diplomatic means to bring the decision.
needs, values and interests. Parties to the disputes to a conference
 A conflict can be internal (within oneself) or table to resume direct negotiations or to PUBLIC INTERNATIONAL LAW – governs the
external (group or organization dynamics) agree on a method of pacific settlement relationship among states and also their relationship
 Conflict can refer to wars, revolutions or with the view to bringing an end to the with individual persons and international
other struggles, which may involve the use existing conflict organizations,
of force as in the term armed conflict.
"Good offices" is often confused with PRIVATE INTERNATIONAL LAW – foreign law
HOW TO MANAGE: "mediation." […] "Good offices" implies a intrudes into the domestic sphere.
 The practice of recognizing and dealing more discreet action, limited to initiating
with disputes in a rational, balanced and direct negotiations between the parties SOURCES OF INTERNATIONAL LAW:
effective way. concerned without active participation,
 theoretical concept focusing on the whereas a mediator generally takes a more 1. International Conventions, whether general
active part in the discussion and is often or particular, establishing the rules
limitation, mitigation, and/or containment of
expected to suggest some solutions to the expressly recognized by contesting states.
a conflict without necessary solving it.
problem. 2. International Custom – evidence of general
practice accepted as law
II. Common Types of Dispute Settlement
3. Generally accepted principles of law
5. Conciliation - Conciliation is an ADR recognized by civilized nation. Ie estoppel
1. Negotiation - a voluntary process in which a process where an independent third party, and equity
mediator, selected by the disputing parties, the conciliator, helps people in a dispute to 4. Judicial decisions and works of the most
facilitates communication and negotiation, identify the disputed issues, develop highly qualified publicists of various nations,
and assist the parties in reaching a options, consider alternatives and try to as subsidiary means of determining the
voluntary agreement regarding a dispute. reach an agreement. A conciliator may rules of law.
have professional expertise in the
2. Inquiry and fact finding subject matter in dispute and will generally International Law – law governing the conduct of the
provide advice about the issues and options states and of international organizations and with their
3. Mediation – a voluntary process in which a for resolution. However, a conciliator will relations
mediator, selected by the disputing parties, not make a judgment or decision about
facilitates communication and negotiation, the dispute. Conciliation may be voluntary, Theories:
and assist the parties in reaching a court ordered or required as part of a
voluntary agreement regarding a dispute. contract. It is often part of a court or 1. Command Theory – emanates from
government agency process. sovereignty
Mediation is an ADR process where an
2. Consensual Theory – derives its binding
independent third party, the mediator,
force from the cosent of the states ie.
assists the people in dispute to identify the 6. Arbitration - Arbitration is an ADR process Treaties
disputed issues, develop options, consider where the parties present arguments and 3. Natural Theory – application of natural
alternatives and try to reach an agreement. evidence to an independent third party, the reason derived from man.
However, the mediator does not give arbitrator, who makes a determination.
their advice or opinion about the issues Arbitration is particularly useful where the SOVEREIGNTY – independence from outside and
or have any role in deciding the outcome subject matter is highly technical, or where capacity to enter into relations with other states.
of the mediation. the parties seek greater confidentiality than
in an open court. Arbitration can be a much
more formal and structured process than
STATE – international law defines a state as having Type of contentious cases: 9. Article 33, Paragraph 1 of the United
permanent population, defined territory, one Nations Charter
government, and the capacity to enter into relations - Special agreement - both states desired for the 10. International Court of Justice.
with other sovereign states. Neither dependent on or court to resolve their disputes. Explicit consent
subject to other states. from states. 11. Some of Alternative Dispute Settlement
- Compromissory clause – many treaties have Institutions
JURISDICTION – power of the state to affect persons, compromissory clauses, providing for dispute 12. Permanent Court of Arbitration (Hague
property, and circumstances within its territory. It may resolution by the ICJ. Convention 1907)
be exercised through legislative, executive or judicial - Optional clause declarations – with reservations. 13. International Court Arbitration (International
actions. - Succession from PCIJ – on the basis of Chamber of Commerce)
declaration made under the Permanent Court of 14. United Nations Commission for
FUNDAMENTAL RIGHTS OF STATES: International Justice. International Trade Law (1985 UNCITRAL
Model Law On International Commercial
A. Independence – The capacity of a state to Advisory Opinions Arbitration)
provide for its own well being and
development free from domination of other 15. 1958 New York Convention
states. As a right, it means the right to Is a function of the court open only to specified
exercise within its portion of the globe the United Nations bodies and agencies. On 16. How to Settle International Business
functions of a state. receiving a request, the Court decides which Dispute
B. Equality – simply requires equality of legal States and organizations might provide useful 17. Types of Arbitration
rights irrespective of the size or power of information and gives them an opportunity to 18. Arbitral tribunal
the state. present written or oral statements. The Court's 19. Arbitration Proceedings
C. Peaceful co-existence – mutual respect for advisory opinion procedure is otherwise 20. Lex arbitri and the law of the subject
each other’s territory and sovereignty, modelled on that for contentious cases, and the matter
mutual non-aggression, non-interference in sources of applicable law are the same. In 21. Award (rendering, recognition,
state affairs. principle the Court's advisory opinions are enforcement, etc)
consultative in character and as such do not
Article 33 of the United Nations Charter: generally result in judgments that aim to resolve IV. Domestic Dispute Resolutions
specific controversies. Certain instruments or 22. Introduction to Domestic Dispute Resolution
The parties to any dispute may, the continuance of regulations can, however, provide in advance 23. Arbitration Law (Republic Act No. 876)
which is likely to endanger the maintenance of that the advisory opinion shall be specifically 24. Alternative Dispute Resolution Act of 2004
international peace and security, shall, first of all, seek binding on particular agencies or states. The (Republic Act No. 9285)
a solution by negotiation, enquiry, mediation, advisory opinions of the court are influential and 25. DOJ department Circular No. 98 s 2009
conciliation, settlement, resort to regional agencies or widely respected interpretations of the law, but (Implementing Rules and Regulations of
arrangements. they are not authoritative, and they are inherently Alternative Dispute Resolution Act of 2004)
non-binding under the Statute of the Court. 26. A.M. No. 07-11-08-SC (Special Rules of
JURISDICTION OF THE ICJ Examples of advisory opinions can be found in Court on Alternative Dispute Resolution)
the section advisory opinions in the List of
Contentious cases – between states in which the International Court of Justice cases article. INTERNATIONAL CHAMBER OF COMMERCE
court produces binding rulings between states that -
agree, or have previously agreed, to submit to the An international business organization
ruling of the court III. International Dispute Resolutions
7. Overview of International Law Founded in 1919 and has 130 members
- Court only has jurisdiction on the basis of 8. Basic principles of international law
consent, meaning no compulsory jurisdiction. (sovereignty, jurisdiction, independence, Members are: corporations, companies, business
- Only states may be parties etc.) association and businessmen
A body that represent all business sectors in the Party/ies have more control over the proceedings  Scope of the ICC ADR Rules
world.  Apply exclusively to international
Uses minimum time and resources and business dispute
Know as the merchant of peace.  Commencement of the ADR
Allows parties to choose which settlement technique Proceedings
t is the equivalent of the general assembly of a major is best.  Agreement of the parties to
intergovernmental organization. The big difference is submit to the Rules is a
that the delegates are business executives and not Proceedings are confidential prerequisite to the
government officials commencement of ICC ADR
Mediation is the preferred ADR system. proceedings
It has the following objectives:  contract between the
The agreement reached shall be reduce into writing parties; ·
Scrutinize international and national government and shall be enforceable upon the parties.  in the absence of such
initiatives affecting world business and prepare a clause, a subsequent
business positions for submission to international Overview of the ICA ADR System: agreement of the
organizations and governments. parties in writing,
Filing àdetermination of dispute àtermination.  in the absence of any
Promotes open international trade and investment prior agreement, the
system and the market economy. A) Submission: Request for ADR filed
with ICC by a party
Provides important services such but not limited to Parties submit their dispute to the Rules provided: who wishes to submit
financial services, information technologies, the dispute to the
telecommunications, marketing ethics, environment,  There is a prior agreement of the parties to Rules, followed by the
transportation, competition law and intellectual submit their disputes to the Rules, either in agreement of the other
property, among others. their underlying contract or in a later party to participate in
agreement; or the ICC ADR
Facilitation of dispute settlement through the  Through a Request for ADR submitted by proceedings.
International Court of Arbitration. one party to ICC and accepted by the other  Conduct of the ADR Procedure
party.  The ADR settlement techniques
INTERNATIONAL COURT OF ARBITRATION that can be used under the Rules
B) Determination: include the following:
Attached body to the International Chamber of 1)Mediation;2) Neutral
Commerce.  Selection of Neutral (i.e. mediator or evaluation; 3)Mini-trial;4)Any
arbitrator) is selected, either by designation other settlement technique; or
It was granted consultative status of the United Nation by all of the parties, or by appointment by 5)A combination of settlement
and its specialized agencies. ICC. techniques.
 Termination of the ADR Proceedings
Tasked to facilitate the settlement of dispute between  Parties may agree upon any desired  Signing of the agreement
and among members. qualifications or attributes of the Neutral to  Written notification to the Neutral
be appointed. by one or more of the parties that
Uses ADR system in the settlement of dispute. it does not wish to pursue the
 ICC will make all reasonable efforts to ICC ADR proceedings
Characteristics: appoint a Neutral having those  Written notification by the Neutral
characteristics. to the parties that the procedure
proceedings are flexible which was agreed upon during
C) Termination
the first discussion or thereafter - Parties expressly agreed that subject matter of Jurisdiction of the Tribunal:
has been completed. agreement relates to more than 1 country. - Arbitration clause shall be treated as an
 Written notification by the Neutral - One of the following is outside the state in which independent agreement; thus, if contract was
to the parties that, in his or her the parties have their place of business: declared null and void, this does not invalidate
opinion, the ICC ADR - The place of arbitration the arbitration clause.
proceedings will not result in an - Any place where substantial part of the - Questions of jurisdiction may only be raised
amicable resolution of the dispute obligation is to be performed. before the submission of the statement of
between the parties. defense.
 The expiration of any time period NOTE:
set for the ICC ADR proceedings. Interim Measures that may be granted by the tribunal:
 Written notification by ICC that - If party has more than one place of business,
payments due by one or more place of business is that which has the closest - Maintain status quo
parties pursuant to the Rules relationship to the arbitration agreement. - Take action that would prevent prejudice to the
have not been made. - If no place of business, habitual residence. arbitration
 Written notification by ICC that, in - Provide means of preserving assets
its opinion, (i) the designation of Arbitration Agreement - Preserve evidence that may be relevant
the Neutral was not possible or - Agreement by parties to submit to arbitration all
(ii) it was not reasonably possible or certain types of dispute which may arise from Preliminary order:
to appoint a Neutral. their legal relationship. - Shall expire after 20 days from date of issue.
 General Provisions - This may be in the form of: - Binding between the parties but shall not be
 ICC ADR proceedings are private o Arbitration clause subject to enforcement by the court.
and confidential o Separate agreement
 exceptions are Arbitral proceedings:
provided. First, the - Shall be in writing: - Parties will be treated with equality and will be
parties may agree that o Considered in writing if the given equal opportunity to present its case
all or part of the content is recorded in any form
proceedings will not be o Even if electronic as long as Commencement of proceedings:
confidential, and, accessible for frequent reference - Date on which a request for that dispute to be
second, a party may o Reference to any con referred to arbitration is received by the
disclose any given respondent.
element of the ICC Number of Arbitrators:
ADR proceedings if it is - Determined by the parties Claimant: statement of claim
required to do so by - Default number is 3 Respondent: statement of defense
applicable law. o Each party shall appoint 1
arbitrator, then the 2 arbitrators
- Shall be in writing and signed by the arbitrators;
shall appoint the other 1
UNCITRAL majority should sign
o If only 1 arbitrator and they can’t
- Should state the reason upon which it is based
agree on that one, the court may
- applies to international commercial arbitration - Should state the date and place of arbitration
NOTE: an arbitrator may be challenged if
When international? Termination
circumstances exist that would give rise to justifiable
The arbitrators may terminate when:
doubts as to his impartiality and independence.
- When place of business, at that time of the o Claimant withdraws; unless
conclusion of the agreement, belong to different respondent withdraws
states o Parties agree on the termination
o Continuation of proceedings have
become unnecessary

Recourse against award: