Description
‘The Manual is impressive in the sheer breadth of subject matter discussed. Its balance of concision with sufficiency of detail makes it a primer on all the major international dispute resolution mechanisms and organisations at work in the world today. ’ - Asian Dispute Review, April 2008
‘This is an excellent book, which more than fulfils the author's aim. His clearly defined structure, economy and clarity of language make this an extremely useful weapon in the practitioner's armoury.’ - The International Journal of Arbitration, Mediation and Dispute Management, Volume 73, Number 4, November 2007
‘This book is an excellent resource for members of the international business community, international ADR practitioners and researchers.’ - Dispute Resolution Journal, February - April 2008
‘The Manual is a useful practical tool and competent source for public servants, as well as businessmen, lawyers, leaders, and students new to international dispute resolution.’ – Arbitration International, Volume 24 Number 2, 2008, p. 345-6
‘The genius of the Manual's plan is that it is entirely practical, laying out the foundations and mechanics of various dispute-resolution frameworks, explaining the relevant tribunals and arbitration organisations, and illustrating the application of these to specific types of disputes. This is a very sound approach.’ – Sandra Day O’Connor, Retired Justice of the US Supreme Court
An overview of international dispute resolution and settlement, especially in the fields of trade and commerce, investment and intellectual property. The author looks at five key topics:
- supranational disputes
- suprational dispute resolution bodies,
- international commercial dispute resolution,
- institutions concerned with dispute resolution in international trade and commerce
- online dispute resolution.
Connerty, an English barrister with particular expertise in the field of international arbitration, introduces each topic, illustrating it by decisions of the International Court of Justice, the Permanent Court of Arbitration, the International Tribunal on the Law of the Sea, the International Centre for the Settlement of Investment Disputes, and decisions of national courts and international arbitration tribunals. Connerty also gives suggestions for sources for more detailed study in each topic area.
The book will be of interest to all those in Commonwealth countries and beyond who need to understand international dispute resolution processes and institutions.
Contents
Foreword Sandra Day O'Connor
Preface Don McKinnon, Commonwealth Secretary-General
Author’s Note
Acronyms and Abbreviations
Part I: Overview of Dispute Avoidance and Dispute Resolution
1 - Introduction
2 - Dispute Avoidance
3 - Dispute Resolution
4 - International Conventions Dealing with Dispute Resolution
Part II: Supranational Dispute Resolution
5 - Introduction
6 - International Law and the Vienna Convention on the Law of Treaties
7 - Territorial Disputes
8 - Maritime Delimitation Disputes and 1982 Law of the Sea Convention
9 - Investor-State Disputes and Investment Treaty Arbitration
Part III: Supranational Dispute Resolution Bodies
10 - Introduction
11 - The International Court of Justice
12 - The Permanent Court of Arbitration
13 - The International Tribunal for the Law of the Sea and Dispute Settlement under UNCLOS III
14 - The International Centre for the Settlement of Investment Disputes
Part IV: International Commercial Dispute Resolution
15 - Introduction
16 - Litigation
17 - International Commercial Arbitration
18 - International Commercial Arbitral Institutions and Other International Bodies
19 - Alternative Dispute Resolution
20 - Expert Determination
Part V: The Electronic Era
21 - Introduction
22 - The Emergence of Online Dispute Resolution
23 - The ICC DOCDEX System
24 - The WIPO Domain Name Dispute Resolution System
25 - The Future of Online Dispute Resolution
Part VI: Epilogue
List of Cases and Arbitral Awards
List of Websites
Index
About the Author