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QUESTION| Explain the role of arbitration for peaceful settlement of international disputes.
Importance of this question : Very important Law Optional mains question
QUESTION POSTED ON | 12.11.2021
MODEL ANSWER WILL BE POSTED ON | 13.11.2021
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ANSWER | Arbitration is one of the mode of peaceful settlement of international disputes recognised under the Article 33 of the Charter of the United Nations, 1945. The International Law Commission defined arbitration as a procedure for the settlement of disputes between States by a binding award not he basis of law and as result of an understanding voluntarily accepted. The fact that each state is the exclusive judge in its own suit is persistence as much stronger in arbitration than in the judicial settlement.
The essential feature of arbitration is the binding nature of the award because States has duty to abide by it. Arbitral body is consist of arbitrators. It is either permanent or ad hoc. Normally, states agree to settle their disputes between them by resorting to the International Court of Justice or to Arbitration, if other non-judicial modes of dispute settlements fails. Ex- Vienna Convention on Consular Law, 1963.
The Permanent Court of Arbitration is the main focal point of international arbitration between States. This PCA is not a deciding forum but provides a list of names, out of which the parties in each case could selected and constitute the Tribunal.
In arbitration, the parties are given the freedom to choose the applicable law and other procedures applicable in that case. Thus, it provides efficiency, effectiveness, cost benefit and specialised experts to decide the dispute at hand.
