International Procedure in Interstate Litigation and Arbitration
A Comparative Approach
Studies on International Courts and Tribunals Series

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

Part I. Pre-Hearing and Selection and Appointment of Judges and Arbitrators: 1. Registries and Secretariats of Interstate Dispute Resolution Authorities: Explaining Registries' and Secretariats' modes of work in light of joint information management by disputing parties promoted by Pre-judicial Proceedings Patrick Wasilczyk; 2. Judicial Independence at International Courts and Tribunals: Lessons Drawn from the Experiences of the International Court of Justice and the Appellate Body of the World Trade Organisation Rishi Gulati; 3. Designing for the Best Composition of International Courts: The Value of Diverse and Specialised International Law Expertise on the Bench Adamantia Rachovitsa; 4. The Role of the Judge Ad Hoc in Inter-state Litigation : Perspectives from the Law and Practice of the International Court of Justice Cecily Rose; Part II. Post-Commencement Litigation Procedure and Strategy: 5. Interim measures: International tribunals as international organisations Iain Scobbie; 6. Procedural Challenges and Strategies before the ICJ and ITLOS: The Indian Experience Katherine Maddox Davis; 7. Achieving Greater Access to Justice through Cost-Efficiency: A Comparative Assessment Across State-to-State Dispute Settlement Institutions Brian McGarry; 8. Opening Up International Adjudication : Mapping Procedural Transparency in International Disputes José M Reis; Part III. Evidence and Witness: 9. Testing Witnesses in International Dispute Settlement: WTO versus other International Tribunals Katherine Connolly and Marie-Astrid Dossche; 10. The Use of Experts in State-to-State Disputes: The Benefits of Cross-Fertilization Rukmini Das; Part IV. Post-Hearing and Effect of Decisions: 11. Settling a Dispute: The Scope of the International Jurisdictional Function Guillaume Guez; 12. Rule of Precedent and Rules on Precedent Niccolo Ridi; 13. Cross-fertilization and Conflicts between Courts and Tribunals: An Analysis from the Perspective of the United Nations Convention on the Law of the Sea Makoto Seta.

Eric De Brabandere is Professor of International Dispute Settlement at Leiden University Law School, and Director of the Grotius Centre for International Legal Studies. He serves as Editor-in-Chief of the Leiden Journal of International Law and practices in international law and investment arbitration as a Partner with DMDB Law in Brussels.