International procedure in interstate litigation and arbitration: a comparative approach

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms

Registries and secretariats of interstate dispute resolution authorities : explaining registries' and secretariats' modes of work in light of joint information management by disputing parties promoted by pre-judicial proceedings / Patrick Wasilczyk (University of Münster) -- Judicial independence at international courts and tribunals : lessons drawn from the experiences of the international court of justice and the appellate body of the world trade organisation / Rishi Gulati (London School of Economics) -- Designing for the best composition of international courts : the value of diverse and specialised international law expertise on the bench / Adamantia Rachovitsa (University of Groningen) -- The role of the Judge Ad Hoc in inter-state litigation : perspectives from the law and practice of the International Court of Justice / Cecily Rose (Leiden University) -- Interim measures : international tribunals as international organisations / Iain Scobbie (University of Manchester) -- Procedural challenges and strategies before the ICJ and ITLOS : the Indian experience / Katherine Maddox Davis (Gibson, Dunn & Crutcher) -- Achieving greater access to justice through cost-efficiency : a comparative efficiency assessment across state-to-state dispute settlement institutions / Brian McGarry (University of Geneva and Siences Po Paris) -- Opening up international adjudication : mapping procedural transparency in international disputes / José M Reis (Hamburg University) -- Testing witnesses in international dispute settlement : WTO versus other international tribunals / Katherine Connolly (Sidley Austin) and Marie-Astrid Dossche (Sidley Austin) -- The use of experts in state-to-state disputes : the benefits of cross-fertilization / Rukmini Das (University of Geneva) -- Settling a dispute : the scope of the international jurisdictional function / Guillaume Guez (University of Geneva and Pantheon-Sorbonne) -- Rule of precedent and rules on precedent / Niccolo Ridi (King's College London and University of Liverpool) -- Cross-fertilization and conflicts between courts and tribunals : an analysis from the perspective of the United Nations convention on the law of the sea / Makoto Seta (Waseda University).