赵秀文英文国际经济法的PPT课件

WTO DS
Disputes between WTO members DSB under WTO Rules Settlement disputes in accordance with
WTO Rules (DSU & Various Agreements)
6
ICSID DS
Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Alternative by the parties’ consent Legal status of the resolution Application of ADR
10
Expression of ADR
Negotiation Conciliation or mediation Good offices Mini-trial Joint conciliation
17
Arbitration
Voluntary method for the settlement of disputes
Based on the arbitration agreement Binding force for the award Enforcement mechanism basedween Nationals of Different States
Judicial method:litigation Non-judicial method
Alternative Dispute Resolution (ADR)
9
Characteristics of ADR
11
Application of ADR
Applied independently Combination with litigation and
arbitration
12
International Litigation
Jurisdiction Applicable law Recognition and enforcement of foreign
2
Classification of the Methods for the Dispute Resolution
Judicial method Non-judicial method
ADR (Alternative dispute resolution) Arbitration as an independent dispute
judgment due to lack of appropriate international convention
16
Enforcement of Foreign Judgment
Few international conventions Domestic law & reciprocity
4
Classification of Disputes --by parties
Between different states Between state and nationals of other
states Between nationals of different states
5
resolution
3
Classification of the Disputes --by subject-matter
Sale of goods Sale of services Investment disputes:both foreign direct
and indirect disputes Intellectual property disputes
Consent jurisdiction: forum shopping Exclusive jurisdiction
15
Litigation in National Courts
Few conventions Principle rules on the jurisdiction v.
national procedure law Difficult enforcement of foreign
7
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.
Chapter 1 Introduction to International Commercial Arbitration Law
Prof. Zhao Xiuwen
1
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judgment
13
Jurisdiction Determination
Territorial supremacy(属地优越权） Personal supremacy （属人优越权） Concurrent jurisdiction (并行管辖）
BP Case
14
Parallel Litigation