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March 26, 202612 citations

Convergence of Economic Dispute Settlement Mechanisms: Problems of Jurisdictional Competition and the Choice of the Appropriate Forum

DBDmitry Semenovich Belkin

Key Points

  • This study aims to explore the convergence of economic dispute settlement mechanisms and the problems associated with jurisdictional competition.
  • Analysis of inter-State trade dispute settlement mechanisms
  • Evaluation of investor-State arbitration practices
  • Examination of international commercial arbitration frameworks
  • Identification of selection criteria for dispute forums
  • Identified overlapping features of various dispute settlement mechanisms
  • Discussed factors influencing the choice of appropriate forums
  • Emphasized importance of legal certainty and good-faith conduct
  • Highlighted need for a neutral approach to distinguish public and private interests

Abstract

The article presents the results of a study on the ongoing convergence of mechanisms for the settlement of economic disputes in the context of increasingly complex international trade and investment relations. It examines the legal features of inter-State trade dispute settlement, investor–State arbitration, and international commercial arbitration, and identifies the drivers behind their practical overlap. Particular attention is paid to jurisdictional competition and to criteria for selecting the appropriate forum, taking into account the parties to the dispute, the treaty or contractual basis of the procedure, and the models for recognition and enforcement of decisions. The study underscores the importance of legal certainty and good-faith procedural conduct when relying on parallel or alternative remedies, as well as the need for a neutral doctrinal approach to delineating public interests from private-law dispute resolution tools.

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Cite This Study

Dmitry Semenovich Belkin (2016) studied this question.

synapsesocial.com/papers/69c4cc02fdc3bde4489174d2https://doi.org/10.64457/ru-science-2016-i01-a02
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