International judicial relations aspire to approach its interaction with other judiciaries in a sustainable and strategic manner, working in suitable cooperation and implementing the Judicial Executive Board’s direction for international activities.
Following WWII, business and trade flourished. The intent to make products and services available to the worldwide market was enormous. While commerce between nations existed before the conflict, it was not as common or broad.
However, as a result of globalization, new concerns have arisen that impact huge corporations and enterprises all over the world.
International judicial relations are focused on maintaining and promoting the strong international reputation of our judiciary and courts, as well as working to maintain and build networks that help us deliver those messages, which we believe are so important, about the importance of a robust and fair justice system, as well as the independence of the judiciary.
Better Way to Understand International Judicial Relations
The scope of international judicial relations is extremely broad. The best approach to reaching an understanding is by elaborating one of its common components – international arbitration.
What is International Arbitration
International arbitration is a type of arbitration that is similar to that used in the United States. To properly comprehend the international version, it is vital to brush up on what a typical arbitration is.
Arbitration is a legal way of resolving disputes in which third-party arbitrators, generally retired judges, provide a binding ruling that both parties must adhere to. Both parties submit their evidence, and the arbitrators will reach a conclusion that is advantageous to both parties after hearing both sides’ arguments. Arbitration, as opposed to litigation, substitutes the whole trial process with arbitrators rather than a judge.
Key Components of this Type of Judicial Proceedings
An international arbitration clarifies which regulations should be followed by enterprises from various nations. It also deals with the conundrum of which the court has jurisdiction. International arbitration provides a neutral platform for resolving disputes between corporations from various nations.
The International Chamber of Commerce (ICC) is one of the most powerful organizations working under the New York Arbitration Convention. Understanding how their method works will help you have a better understanding of what this sort of conflict resolution entails.
Filing a Request
If you need to request arbitration to resolve a dispute with consumers in another nation, you will submit a $5,000 request to ICC. The sum is intended to cover administrative expenditures as well as filing fees.
The following are some of the details required for the request:
- The nature of the conflict
- The claim’s foundation
- Detailed resolution
You can indicate the monetary damages you intend to seek in the resolution section. Your request is forwarded to the other person, who has 30 days to react.
If the opposing side does not respond, the ICC will rule on the matter. On the arbitration agreement, the ICC will also consider problems raised by the opposite party. Both parties will be required to pay a portion of the arbitration expenses in advance.
Tribunal in Action
Due to the distance between the parties and the arbitrators, most arbitration meetings are conducted via teleconference. One of the advantages of arbitration over regular litigation is its flexibility. Even witnesses and experts can use distant teleconferencing to testify.
The panel will submit the specifics of the judgment to the ICC International Court of Arbitration following the procedures. The real timeframe for the final award is included in this.
The Value of International Judicial Relations Today
During the many conferences that resulted in the Hague Conventions in the late 19th and early 20th century, the notion of establishing an international court to handle international conflicts originated. The Permanent Court of Arbitration, which was founded later, was the forerunner of the Permanent Court of International Justice (PCIJ), which was established by the League of Nations.
The principal duty of the court is to render decisions in disputes between sovereign nations. Only states can be parties to lawsuits before the World Court, and no state can be sued before the court unless it agrees. Written and spoken arguments are given in court, and the court may hear witnesses and form expert commissions to conduct investigations and report as appropriate.
For an even deeper understanding of international judicial relations, it is always best to seek help from experts such as Judge Robert Henry.