compromis

A compromis defines the dispute, the questions the tribunal must answer, and often the tribunal's composition, the applicable law and procedure. Before the International Court of Justice a case may be brought by notifying such a special agreement (Article 40(1) of the Statute), and the Court's jurisdiction covers all cases the parties refer to it (Article 36(1)).

It is a false friend: a compromis is not a compromise or settlement, but an agreement to have the dispute decided. Distinguish a compromissory clause, a term in a treaty by which the parties agree in advance to refer future disputes under that treaty.

Example

Denmark, the Netherlands and West Germany brought the North Sea cases to the ICJ by compromis, so jurisdiction rested on the parties' consent in those special agreements.

In Indian law

• Articles 36(1) and 40(1), Statute of the International Court of Justice

See also

International Court of Justice · arbitration · treaty

Read more in the study notes

• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Conciliation under industrial, family and marriage laws (Alternative Dispute Resolution Systems)
• Negotiation: meaning, styles and approaches (Alternative Dispute Resolution Systems)
• Phases of negotiation, qualities of a negotiator and power to negotiate (Alternative Dispute Resolution Systems)