Contracts concluded by international organizations with private persons – Institute of International Law Resolution

The resolution, adopted by the Institute of International Law at the Session of Oslo (Special Rapporteur Valticos) provides that:

(Article 7)  Contracts concluded with private persons by international organizations should, in cases where the latter enjoy immunity from jurisdiction, provide for the settlement of disputes arising out of such contracts by an independent body;

(Article 8) The body referred to in article 7 may be an arbitration body, a tribunal set up by an international organization, a national judicial body, if it is not incompatible with the status and functions of the international organization;

(Article 9) If a dispute arises in connection with a contract which contains no clause on the settlement of disputes, the organization concerned should either waive immunity from jurisdiction or negotiate with the other party to the contract with a view to settling the dispute or to establishing an appropriate procedure for its settlement – particularly through arbitration.