• Law -> International Law and Foreign Relations

• 0 Comment

How do countries decide which international arbitration institution to use for resolving disputes?

Alessandra Withull

Well, well, well, my dear friend, discussing how countries decide which international arbitration institution to use for resolving disputes is a pretty interesting topic. I mean, come on, who wouldn't want to know the juicy details about how big countries settle their differences? So, sit back, relax, and let's dive into this fascinating subject.

First off, let's set the stage. When two countries have a beef with each other, they could resort to fighting it out like schoolyard bullies; however, this wouldn't be cool in the international community. So, instead of that, they turn to a higher authority: international arbitration institutions. These institutions settle disputes between countries and provide a peaceful solution that is legally binding. Now, the question is, how do countries choose which institution to use?

The first thing that countries consider when choosing an international arbitration institution is reputation. Just like in real life, you wouldn't go to a questionable lawyer to defend you in court, right? Similarly, countries would not settle their disputes with an institution that does not have a good track record. The International Court of Justice, for instance, is one of the most well-known and respected institutions, so countries are more likely to choose this option.

Secondly, countries look at the cost. Of course, settling disputes through the international court can be expensive, and this could affect the decision of countries. Some cheaper alternatives include the International Chamber of Commerce and the London Court of International Arbitration.

Thirdly, countries take into account the nature of the dispute. Some institutions specialize in certain types of disputes, such as investment disputes or maritime disputes. Countries may choose institutions that specialize in their particular issue to ensure that their case is handled with more expertise.

Finally, a country's national interest also plays a role in choosing an institution. If a country has more influence in one institution than in another, they are more likely to choose that option. For example, the United States has a significant influence on the International Centre for Settlement of Investment Disputes (ICSID), so they may choose to settle their disputes through this institution.

In conclusion, choosing an international arbitration institution depends on many factors, including reputation, cost, expertise, and national interest. It's like ordering food from a menu: you look at the options, check the price, consider the type of cuisine, and choose the one that satisfies your appetite the most. So, there you have it: a rundown of how countries decide which international arbitration institution to use for resolving disputes. Don't forget, folks, peace is always the better option!