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  • Author or Editor: Loretta Malintoppi x
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In: The Law & Practice of International Courts and Tribunals

Abstract

When States decide to litigate their legal differences, different factors – not always of a strictly legal nature – come into play that can tilt the balance in favour of arbitration or judicial settlement. This article does not purport to take a position in favour of arbitration, as opposed to adjudication by an international court or tribunal, but merely to identify some of the considerations which a State may be confronted with when it selects arbitration amongst the available alternatives for inter-State dispute resolution. When diplomacy fails, and adjudication by a permanent court or tribunal is not the preferred solution, international arbitration is considered to be an effective and equitable means of settling a dispute.

In: The Law & Practice of International Courts and Tribunals
In: The Law & Practice of International Courts and Tribunals
In: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals
In: The Law & Practice of International Courts and Tribunals
A Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties
Investment Protection in Southeast Asia: A Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties is a vital reference guide to investment protection in the region, providing succinct answers to the main questions that investors may consider in connection with investments in a given jurisdiction. Each country chapter covers arbitral legislation and institutions in the country, investment-related domestic laws, an analysis of its bilateral investment treaties, and a summary of investment cases involving the relevant State or its investors.
In: Investment Protection in Southeast Asia
In: Investment Protection in Southeast Asia
In: Investment Protection in Southeast Asia