InternationalEconomicDisputeSettlements宋纪萍.ppt

Chapter 15 International Economic Dispute SettlementBy Jiping Song Classification of the Methods for the Dispute Resolution Judicial method Non-judicial method ADR (Alternative dispute resolution) Arbitration as an independent dispute resolution Classification of the Disputes--by subject-matter Sale of goods Sale of services Investment disputes:both foreign direct and indirect disputes Intellectual property disputes Classification of Disputes--by parties Between different states Between state and nationals of other states Between nationals of different states Characteristics of ADR Alternative by the parties’ consent Legal status of the resolution Application of ADR Expression of ADR Negotiation Conciliation or mediation Good offices Mini-trial Joint conciliation Negotiation It is the process of reaching an agreement by discussion, which is an important and commonly used tool in the process of dispute settlement. ? Conciliation It involves a third party who transmits and interprets the proposals of the parties and sometimes advances independent proposals. ? Mini-trial It is a settlement process in which the parties present highly summarized versions of their respective cases to a panel of officials who represent each party (plus a “neutral” official) and who have authority to settle the dispute. Application of ADR Applied independently Combination with litigation and arbitration International Litigation Jurisdiction Applicable law Recognition and enforcement of foreign judgment Jurisdiction Determination Territorial supremacy(属地优越权） Personal supremacy （属人优越权） Concurrent jurisdiction (并行管辖） Parallel Litigation Consent jurisdiction: forum shopping Exclusive jurisdiction Litigation in National Courts Few conventions Principle rules on the jurisdiction v. national procedure law Difficult enforcement of foreign judgment due to lack of appropriate international convention Enforcement of Foreign Judgment Few international conventions Domestic law