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Max Planck Encyclopedia of International Procedural Law [MPEiPro]


Alfred HA Soons

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Arbitrators — Arbitral tribunal — Mixed Claims Commissions

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The notion of an ‘umpire’ (French: surarbitre) in dispute resolution between public (and private; see below) parties can be traced back in Europe to the development of dispute settlement procedures in the Late Middle Ages. These proceedings were conducted by persons designated by the two parties, on the basis of parity (usually two persons, sometimes four). These ‘arbitrators’ were not necessarily independent from the parties and would often not be able to agree on a decision, thus preventing a solution to the dispute. For such situations the practice was...
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