Law and Institutions of International Trade Class 8 MGT 3860Z Daryl Hanak

MGT 3860Z -- Fall 2006 Disputes Settlement (1) Private Parties “Municipal” Courts Non-Judicial Governments – “Public Parties” Diplomacy International Tribunals

MGT 3860Z -- Fall 2006 Dispute Settlement (2) "Municipal Courts" Jurisdiction Criminal Civil tort contract Sovereign or State Immunity Choice of Governing Law choice of law clauses statutory choice of law most significant relationship governmental interest Recognition of Foreign Judgments

MGT 3860Z -- Fall 2006 Dispute Settlement (3) "Diplomacy" negotiation between the two parties themselves mediation use of a mutually agreeable third-party good offices channel of communication only conciliation investigation and formal proposal inquiry determination of disputed fact or facts

MGT 3860Z -- Fall 2006 Dispute Settlement (4) "International Tribunals" International Court of Justice disputes between UN member states, or between elements of the UN organization World Trade Organization and other international trade and investment agreements International Center for the Settlement of Investment Disputes (ICSID) disputes between investors and the country of investment

MGT 3860Z -- Fall 2006 Dispute Settlement (5) "International Tribunals“ (con’t) Other Arbitration Tribunals American Arbitration Association London Court of International Arbitration International Chamber of Commerce (ICC) United Nations Commission on International Trade Law (UNCITRAL) established set of arbitration rules list of qualified arbitrators rules similar/analogous to ICSID