Arbitration centers

  Find ONE example for a situation (internationally) in which the resolution was reached through two different methods (conciliation, arbitration and/or litigation). Explain how these methods were applied and what was the outcome of the resolution. 2) Research about one of the arbitration centers or organizations provided. Analyse what they do, who they do it for and what is the scope of their reach.  

Sample Solution

The Iran-United States Claims Tribunal The Iran-United States Claims Tribunal was established in 1981 to resolve claims between the governments of Iran and the United States arising out of the Iranian Revolution and the subsequent hostage crisis. The Tribunal used a combination of conciliation, arbitration, and litigation to resolve these claims. In some cases, the Tribunal used conciliation to help the parties reach a settlement. In other cases, the Tribunal used arbitration to issue a binding decision on the merits of the claim. In still other cases, the Tribunal used litigation to enforce its awards. One example of a case that was resolved through a combination of conciliation and arbitration is the case of Amoco International Finance Corporation v. Iran. In this case, Amoco, an American oil company, claimed that Iran had expropriated its oil assets in violation of international law. Amoco first tried to negotiate a settlement with Iran through conciliation. However, the negotiations were unsuccessful. Amoco then filed an arbitration claim with the Iran-United States Claims Tribunal. The Tribunal held a hearing on the merits of Amoco's claim. After the hearing, the Tribunal issued an interim award ordering Iran to pay Amoco $100 million. Iran appealed the interim award to the full Tribunal. The full Tribunal upheld the interim award and ordered Iran to pay Amoco an additional $200 million. Iran refused to pay the award. Amoco then sought to enforce the award in US courts. The US courts upheld the award and ordered Iran to pay Amoco the full amount. The Iran-United States Claims Tribunal is an example of how conciliation, arbitration, and litigation can be used to resolve international disputes. The Tribunal was able to help the parties reach a settlement in some cases, and it was able to issue binding decisions in other cases. The Tribunal also played a role in enforcing its awards through US courts. The International Chamber of Commerce (ICC) The International Chamber of Commerce (ICC) is a non-governmental organization that provides arbitration services to businesses around the world. The ICC's International Court of Arbitration has resolved over 30,000 disputes since its founding in 1923. The ICC's arbitration process is confidential and flexible. The parties to a dispute can agree on the rules that will govern the arbitration, including the number of arbitrators, the language of the arbitration, and the place of the arbitration. The ICC also provides a panel of arbitrators who are experts in different areas of law. The ICC's arbitration process is often used to resolve international disputes because it is seen as being neutral and impartial. The ICC's rules are also well-respected by businesses and governments around the world. The ICC's arbitration process is available to businesses of all sizes. The ICC also offers a simplified arbitration procedure for smaller disputes. This procedure is called the ICC Fast Track Procedure. The ICC's arbitration process is a valuable tool for businesses that are involved in international disputes. The ICC's rules and procedures are designed to be fair and efficient, and the ICC's panel of arbitrators is highly qualified. If you are involved in an international dispute, the ICC's arbitration process may be a good option for you.

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