Collected Courses of the Hague Academy of International Law

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The Allocation of Power between Arbitral Tribunals and State Courts (Volume 390)

(205,724 words)

Author(s): Scott Rau, Alan
Scott Rau, Alan Keywords: Arbitration | International arbitration | International commercial arbitration | Domestic competence ABSTRACT It is understood that the “jurisdiction” of an arbitral tribunal rests on the parties' consent to submit to a binding arbitration determination. In this course, Alan Scott Rau deals with the ultimate question running across our law of arbitration, which is the allocation of responsibility between State courts and arbitral tribunals. Every modern regime of arbitration takes the …

The Private-Public Divide in International Dispute Resolution (Volume 388)

(88,455 words)

Author(s): Hess, Burkhard
Hess, Burkhard Keywords: International dispute settlement | International arbitration | International commercial arbitration | States | Individuals | Private enforcement ABSTRACT Almost every legal system knows the distinction between private and public law. This distinction is primarily found in continental law systems, but it is not unknown in the common law world. In this course, Burkhard Hess focuses on the dispute between the public and the private sectors. The author explains that both the areas of public and …