International Dispute Resolution

International Dispute
Resolution

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Resolving any dispute between parties and nations or between parties who are doing
business in different countries may be highly complex process. The process of law is different in
every country. Dispute can be referred to as the fight or the quarrel between two or more people
who are engaged in any debate or argument. International dispute resolution is a process which
involves resolving the business dispute among or between two or more transitional parties by
using a dispute resolution other than the court1. It mainly requires an agreement between the
parties where the clause is mentioned which specifies the type of dispute resolution in the
business agreement or contract. This essay shall cover the different methods of international
dispute resolution and a recommendation.
MAIN BODY
International law is referred to as the system of agreements and treaties between the
nations which mainly governs as to how the countries must interact with other nations or its
citizens or business. There are different sources of international law which are provided under
Section 38(1) of the Statute of International Court of Justice which includes firstly the treaties
and conventions where the nations sign the convention or treaty which is between two or more
sovereign nations in order abide by its rules and laws. Second is the customs which is a practice
that is followed by two or more than two nations in course of dealing with each other. In order to
become a custom, there must be recurring and consistent practice for a significant period of time.
Third is the general principle of law. Since without treaties, there are many international laws as
there are many disputes which are not confined to one territory so these principles help in
resolving the dispute. Fourth is the judicial decision in the international tribunal where the
tribunals such as International court of Justice abide with its previous judgments for the purpose
of taking guidance2.
A dispute is referred to as the disagreement on the point of fact or law or may be a
conflict of the legal view between two people. Under article 2 (3) of the United Nations Charter,
1 Ononogbu, Ijeoma, "Transformation Of Dispute Resolution In Africa" (2017) 2(1) International Journal
on Online Dispute Resolution
2 Katsh, Ethan, "Online Dispute Resolution And Public And Private Justice Systems" (2018) 5(1-
2) International Journal of Online Dispute Resolution