Advertisement

Integration and Dispute Resolution in Small States

  • Gary Born
Chapter
Part of the The World of Small States book series (WSS, volume 3)

Abstract

Current mechanisms for resolving cross-border disputes through national court litigation pose substantial risks to business engaged in international trade, including the risk of conflicting national laws, biased, inefficient, inexperienced, or otherwise unsuitable decision-makers, inconsistent and duplicative national court proceedings, and severe obstacles to the enforcement of judgments. These shortcomings inhibit cross-border trade and investment, in some instances denying parties effective access to justice. The impact of these deficiencies is felt more by developing small States that are traditionally disadvantaged market participants. This paper discusses the role that international arbitration can play in alleviating these obstacles to trade for small States. In particular, through the use of international arbitration, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the UNCITRAL Model Law on International Commercial Arbitration and bilateral arbitration treaties (BATs), small States will be able to mitigate the risks and uncertainties posed by the existing mechanisms for international dispute resolution, thereby promoting international trade and investment.

References

  1. ALI/UNIDROIT Principles of Transnational Civil Procedure (2004) Available at http://www.unidroit.org/english/principles/civilprocedure/ali-unidroitprinciples-e.pdf
  2. Born G (2014a) BITs, BATs and Buts: reflections on international dispute resolution. YAR: Young Arbitration Review, 13th ednGoogle Scholar
  3. Born G (2014b) International commercial arbitration, 2nd ednGoogle Scholar
  4. Finizio SP, Speller D (2010) A practical guide to international commercial arbitration: assessment, planning and strategy 41, 1st ednGoogle Scholar
  5. Maass M (2009) The elusive definition of the small state. Int Polit 46:65–83CrossRefGoogle Scholar
  6. UN Convention on Contracts for the International Sale of Goods (Vienna 1980). Available at http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods.html
  7. UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the “New York Convention”). Available at http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html
  8. UNCITRAL Model Law on International Commercial Arbitration (1985) Available at http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration.html
  9. World Investment Report 101 (2016) United Nations Conference on Trade and Development (UNCTAD)Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  1. 1.Wilmer Cutler Pickering Hale and Dorr LLPLondonUK

Personalised recommendations