International judicial relations aim to engage with other judiciaries sustainably and strategically through effective collaboration and by adhering to the International Judicial Executive Board’s guidelines for international activities.
After the Second World War, the global economy experienced a significant boost in business and trade. The widespread availability of products and services across borders was a novel concept. Although trade between nations existed before the war, it was not as common or widespread.
With the advent of globalization, large corporations and enterprises now face new challenges that impact their operations across the globe.
International legal relations focus on preserving and enhancing the solid international standing of our judiciary and legal systems. It involves building and maintaining networks that help us disseminate the message about the importance of a strong and impartial justice system, as well as the independence of the judiciary.
Understanding International Judicial Relations
The breadth of international legal relations is vast and covers various aspects. One effective method to comprehensively understand it is by delving into one of its shared components – global arbitration.
What is International Arbitration
International arbitration is a form of dispute resolution that bears similarities to the American arbitration system. To gain a comprehensive understanding of this type of arbitration, it’s important to have a solid grasp of what constitutes standard arbitration.
This legal process is used for resolving disputes in which a neutral third party, often a retired judge, delivers a binding decision that both parties must abide by. Each party presents their evidence, and after hearing both sides’ arguments, the arbitrators decide to benefit both parties. Unlike litigation, which involves a trial with a judge, arbitration involves arbitrators who act as substitutes for the entire trial process.
Fundamental Elements of This Type of Judicial Proceedings
International arbitration is a legal process that clarifies the regulations that corporations from different countries should follow and determines the appropriate court jurisdiction. It provides a neutral platform for resolving disputes between corporations from different nations.
The International Chamber of Commerce is a prominent organization that operates under the New York Arbitration Convention. Familiarizing yourself with their process will help you understand the nature of this conflict resolution method.
Initiating the Request
If you need to request arbitration to resolve a dispute with a consumer in another country, you must submit a request to the ICC for $5,000. This sum covers administrative and filing fees.
Your request should contain the following details:
- The nature of the dispute
- The basis for your claim
- A detailed resolution
You may also specify the monetary damages you are seeking in the resolution section. Your request will be sent to the other party, who will have 30 days to respond.
Pre-Trial Procedures
The ICC will issue a ruling if the opposing party fails to respond. The ICC will also consider issues raised by the opposing party in the arbitration agreement. Both parties will be required to pay a portion of the arbitration expenses in advance.
Tribunal Proceedings
Most arbitration meetings are conducted via teleconference due to the distance between the parties and the arbitrators. One of the benefits of arbitration over conventional litigation is its flexibility. Witnesses and experts may also testify remotely via teleconferencing.
Post-Tribunal Procedures
Following the proceedings, the panel will submit the details of the decision to the ICC International Court of Arbitration, including the actual timeframe for the final award.
The Value of International Judicial Relations
The concept of establishing an international court to resolve international disputes emerged during various conferences that resulted in the Hague Conventions in the late 1800s and early 1900s. The Permanent Court of Arbitration, established later, paved the way for the establishment of the Permanent Court of International Justice (PCIJ) by the League of Nations.
The court’s primary responsibility is to adjudicate disputes between sovereign nations. Only states can be litigants before the World Court, and a state cannot be sued before the court unless it consents. This consent can be given unconditionally, conditioned upon reciprocity from other countries or for a particular period. The court hears both written and oral arguments and may summon witnesses and establish expert commissions to carry out investigations and report accordingly.
Work Together for a Stronger Global Judiciary
To gain a comprehensive insight into international judicial relations, consulting with seasoned professionals like Judge Robert Henry is highly recommended. This way, you’ll be sure you’re joining hands with an expert promoting judicial relations.