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International Arbitration Back in Favour?
DOI link for International Arbitration Back in Favour?
International Arbitration Back in Favour? book
International Arbitration Back in Favour?
DOI link for International Arbitration Back in Favour?
International Arbitration Back in Favour? book
ABSTRACT
The tensions between East and West, and between the "developed" and the "developing" World, have been too deep and too pervasive to render recourse to arbitration a realistic solution in most cases. The distinction between "arbitration" and "judicial settlement" has been much explored.8 Both are legal means of settling international disputes, as opposed to diplomatic means. There is probably always one basic reason why States, on the assumption that they are prepared to have a dispute settled by legal means—and this may not occur very often—sometimes prefer arbitration to judicial settlement. States will certainly prefer arbitration to judicial settlement if they think that the issue in dispute is not exclusively legal but requires the presence on the tribunal of persons with the relevant expert knowledge. Negotiations for a settlement between the firm and the Greek Government having failed, it became necessary to resort to international arbitration.