Rosenne's Law and Practice of the International Court: 1920-2015

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Requirement of Prior Attempt at Arbitration
(835 words)

paragraph 289 in volume 3, chapter 19, The Institution of Contentious Proceedings

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Another precondition to the seisin of the Court frequently found in compromissory clauses (although it is not a condition imposed by general international law) is a requirement that before unilateral recourse to the Court, an attempt has to be made to resolve the dispute through arbitration. This type of condition appears in two forms in the titles of jurisdiction that have been invoked before the present Court.

The matter first arose in the U.S. Diplomatic and Consular Staff in Tehran c…

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Malcolm N. Shaw, “Requirement of Prior Attempt at Arbitration”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 23 July 2024 <>
First published online: 2017
First print edition: 20161001

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