Originally from Dispute Resolution Journal

The diplomatic relations between the United States and Great Britain during the first century of the United States’ existence proved to be fertile ground in which to cultivate renewed interest in arbitration as a mechanism to resolve public international disputes. Over that period three significant series of arbitral proceedings took place: proceedings under the Jay Treaty to settle border disputes and restitution claims after the War for Independence; proceedings under the Treaty of Ghent to settle claims stemming from the War of 1812; and, under the Treaty of Washington, the Alabama Claims proceedings to resolve claims from Great Britain’s failure to remain neutral during the Civil War. These proceedings showed varying successes of the arbitral mechanism in resolving such disputes. Reaction to the problems and failures of earlier proceedings precipitated procedural changes in subsequent arbitral provisions.

This article documents the important elements of the three series of proceedings and changes that evolved from practical application of the arbitral process. The lessons learned by the American and British politicians and statesmen of the 18th and 19th centuries provide insight to those advocating the use of arbitration to solve public international disputes in the modern world.