Dispute resolution in the context of World Trade Organization

A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations. A lawsuit may also involve issues of public law in the sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state.

The International Centre for Settlement of Investment Disputes (ICSID; French: Centre international pour le règlement des différends relatifs aux investissements or CIRDI) is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors and States. ICSID is part of and funded by the World Bank Group, headquartered in Washington, D.C., in the United States. It is an autonomous, multilateral specialized institution to encourage international flow of investment and mitigate non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development's executive directors and signed by member countries. As of May 2016, 153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention.

The centre performs advisory activities and maintains several publications.

An ideal is a principle or value that one actively pursues as a goal, usually in the context of ethics, and one's prioritization of ideals can serve to indicate the extent of one's dedication to each. The belief in ideals is called ethical idealism, and the history of ethical idealism includes a variety of philosophers.

In some theories of applied ethics, such as that of Rushworth Kidder, there is importance given to such orders as a way to resolve disputes. In law, for instance, a judge is sometimes called on to resolve the balance between the ideal of truth, which would advise hearing out all evidence, and the ideal of fairness. Given the complexity of putting ideals into practice, and resolving conflicts between them, it is not uncommon to see them reduced to dogma. One way to avoid this, according to Bernard Crick, is to have ideals that themselves are descriptive of a process, rather than an outcome. His political virtues try to raise the practical habits useful in resolving disputes into ideals of their own. A virtue, in general, is an ideal that one can make a habit.

Peace and conflict studies is a field of social science that identifies and analyses violent and nonviolent behaviours as well as the structural mechanisms attending conflicts (including social conflicts), to understand those processes which lead to a more desirable human condition. A variation on this, peace studies, is an interdisciplinary effort aiming at the prevention, de-escalation, and solution of conflicts by peaceful means, based on achieving conflict resolution and dispute resolution at the international and domestic levels based on positive sum, rather than negative sum, solutions.

In contrast with strategic studies or war studies, which focus on traditionally realist objectives based on the state or individual unit level of analysis, peace and conflict studies often focuses on the structural violence, social or human levels of analysis.

Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The neutral third party (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.

Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial arbitration.

Conciliation is an alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by: lowering tensions, improving communication, interpreting issues, and assisting parties in finding a mutually acceptable outcome.

Unlike litigation or arbitration, conciliation is a voluntary, confidential, and flexible method aimed at resolving conflicts without the need for formal legal proceedings. The conciliation process has no legal standing and the decision made by the conciliator is not binding. The conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.

The International Tribunal for the Law of the Sea (ITLOS) is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on December 10, 1982. The Convention entered into force on November 16, 1994, and established an international framework for law over all ocean space, its uses and resources. The ITLOS is one of four dispute resolution mechanisms listed in Article 287 of the UNCLOS. Although the Tribunal was established by a United Nations convention, it is not, as such, a United Nations agency. Even so, it maintains close links with the United Nations and in 1997 the Tribunal concluded an Agreement on Cooperation and Relationship between the United Nations and the International Tribunal for the Law of the Sea, which establishes a mechanism for cooperation between the two institutions.

The Tribunal is based in Hamburg, Germany. The Convention also established the International Seabed Authority, with responsibility for the regulation of seabed mining beyond the limits of national jurisdiction, that is beyond the limits of the territorial sea, the contiguous zone and the continental shelf. As of July 2024, there are currently 157 signatories, 169 participant states plus the European Union. As of December 2022, holdouts included the United States and Iran.

The state of affairs is the combination of circumstances applying within a society or group at a particular time. The current state of affairs may be considered acceptable by many observers, but not necessarily by all. The state of affairs may present a challenge, or be complicated, or contain a conflict of interest. The status quo represents the existing state of affairs. Unresolved difficulties or disagreements concerning the state of affairs can provoke a crisis. Dispute resolution is naturally desired, and naturally provided, by forms of inclusive social interaction, such as consensus decision-making, which adapt, but not conveniently, from a family or tribal model to encompass a global scope.Current knowledge and discussion about the state of affairs is communicated through the media.

Mediation is a form of dispute resolution that resolves disputes between two or more parties, facilitated by an independent neutral third party known as the mediator. It is a structured, interactive process where the mediator assists the parties to negotiate a resolution or settlement through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to participate in the process actively. Mediation is "party-centered," focusing on the needs, interests, and concerns of the individuals involved, rather than imposing a solution from an external authority. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution.

Mediation can take different forms, depending on the mediator's approach. In facilitative mediation, the mediator assists parties by fostering communication and helping them understand each other's viewpoints. In evaluative mediation, the mediator may assess the issues, identify possible solutions, and suggest ways to reach an agreement, but without prescribing a specific outcome. Mediation can be evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Unlike a judge or arbitrator, mediators do not have the authority to make binding decisions, ensuring that the resolution reflects the voluntary agreement of the parties involved.

In private international law, the public policy doctrine or ordre public (French: lit. "public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive change, and laws are most likely to be effective when they are consistent with the most generally accepted societal norms and reflect the collective morality of the society.

In performing this function, Cappalli has suggested that the critical values of any legal system include impartiality, neutrality, certainty, equality, openness, flexibility, and growth. This assumes that a state's courts function as dispute resolution systems, which avoid the violence that often otherwise accompanies private resolution of disputes. That is, citizens have to be encouraged to use the court system to resolve their disputes. The more certain and predictable the outcome of a court action, the less incentive there is to go to court where a loss is probable. But certainty must be subject to the needs of individual justice, hence the development of equity.