Alternative and atypical dispute settlement resolution methods

Eran Sthoeger and Filippo Fontanelli

Chapter 28 in Research Handbook on International Procedural Law, 2024, pp 578-597 from Edward Elgar Publishing

Abstract: In international litigation the principle of consent makes all methods of resolution effectively ‘alternative’ to each other. However, several typified or atypical processes fall between adjudication/arbitration and pure diplomatic negotiations, on a continuum of increasing flexibility as regards both process and substance. This chapter analyses these typified or atypical processes. It first briefly surveys the classical methods of enquiry, good offices, mediation and conciliation; then it provides an insight into two recent scenarios, in which an atypical process was established to resolve an ongoing international conflict. We advance an argument on the capacity of alternative and atypical methods to achieve genuine resolution. While their inherent trait is flexibility (which can spare dispute resolution attempts from strict observance of laws and procedures), the chances of producing an outcome that elicits respect are a function of each method’s compliance with basic considerations of procedural fairness.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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