What is a compromis in an international arbitration dispute between states?
In international law, a compromis is a formal submission agreement between states that have decided to resolve a dispute through arbitration.31
Because general arbitration treaties or conventions often lack specific details regarding the mechanics of a case, the compromis serves as the essential document that defines the parameters of the proceedings. It typically outlines:2
- The specific issues and subject matter to be submitted to the tribunal.2
- The powers and authority granted to the arbitral tribunal.3
- The procedures to be followed, including the presentation of evidence and the location of hearings.2
- The appointment of arbitrators and the law to be applied during the resolution process.2
By establishing these terms, the compromis provides the necessary framework for the tribunal to function effectively. If a compromis fails to address a specific procedural or legal detail, the arbitrator generally relies on the relevant principles of international law to fill the gap. Additionally, in the context of the International Court of Justice, a compromis serves as a formal signal of the states' mutual consent to the court's jurisdiction.21