中国人民大学法学院国际商事仲裁法课件 Introduction.pptVIP

Chapter 1Introduction to International Commercial Arbitration Law Prof. Zhao Xiuwen 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 WTO DS Disputes between WTO members DSB under WTO Rules Settlement disputes in accordance with WTO Rules (DSU Various Agreements) ICSID DS Convention on the Settlement of Investment Disputes between States and Nationals of Other States ICSID Jurisdiction The jurisdiction of the Center shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Center by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Center. When the parties have given their consent, no party may withdraw its consent unilaterally. DS between Nationals of Different States Judicial method:litigation Non-judicial method Alternative Dispute Resolution (ADR) 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 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） BP Case Parallel Litigation Consent jurisdic