Overview
The peaceful settlement of disputes is a key aspect of international law and international relations. Article 33(1) of the United Nations Charter states that any dispute that is likely to endanger the maintenance of international peace and security should first be addressed through “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”
CIL focuses on disputes involving States and is looking at International Dispute Resolution (IDR) in its large acceptation, including the activity of international courts and tribunals, Investor-State dispute settlement (ISDS), and new mechanisms such as treaty compliance committees in charge of both dispute prevention and resolution.
The IDR scene is bubbling: the International Court of Justice (ICJ) has never been busier; new types of disputes involving interconnected human rights and climate change-related issues have been emerging and the backlash against ISDS has triggered unprecedented reform efforts.
New frontiers and challenges will also include the emerging role of Artificial Intelligence for IDR while its objective remains to find the most appropriate method(s) of dispute resolution for every dispute, delivering effectiveness and sustainable outcomes.
Recent IDR Events:
- “A new Era for IDR: Breaking the Stronghold of Arbitration”, 8 April 2024
Conference related-Output
- Working Paper no. 1: The Resolution of intractable Investor-State Disputes, Ways Forward (Dr Nilufer Oral, Celine Lange).
- Conference Report (Daniel Pakpahan).
- Thought Paper, Toby Landau, KC: International Investment Arbitration and the Search for Depoliticisation.
- Thought Paper, Ye-Min Wu: Beyond the Award: Managing Geopolitics and Stakeholder Interests in Arbitration.
- Preston, B. J., & Butler, K. (2024)
- Journal of Energy & Natural Resources Law: “Investor–state dispute settlement in natural resources, energy and environmental cases”; “Appropriate dispute resolution of investor–state disputes in natural resources, energy and environmental cases”
- Discussion Paper (8 April 2024)
IDR Researchers’ Activities
IDR Publications
Second edition of text 'International Commercial Arbitration: An Asia Pacific Perspective
The IDR team has played a major role in the publication of the second edition of the textbook International Commercial Arbitration: An Asia-Pacific Perspective to be published by Kluwer in 2022. The team has provided substantial research and administrative support to the authors, Dr Romesh Weeramantry, Simon Greenberg, and Dr Christopher Kee. This included managing the production of a set of 21 reports on different Asian countries and institutions by top practitioners.
Survey on Settlement in Investor-State Disputes
In a time of growing criticism of investor-State dispute settlement, this is an opportune time to ask why parties are not settling disputes more frequently. The team conducted an online survey to gain insight into what experienced players consider to be the key challenges to settlement.
