What is a Legal Dispute?
Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law
Definitions and Problems
Provisions on the peaceful settlement of disputes, by definition, presuppose the existence of disputes for their application. Article 33 of the UN Charter is an obvious example. Similarly, Article 25(1) of the ICSID Convention requires the existence of a legal dispute as a requirement for jurisdiction. The definition of a dispute may appear superfluous at first sight. Everyone knows the meaning of a dispute and one may presume that one will recognize a dispute when one sees it. However, in actual practice the existence of a dispute may be in doubt and may in itself be ...