Legal Definitions - abstract compromis

An abstract compromis refers to a type of agreement where parties decide in advance to submit any future disputes of a particular nature to a specific method of resolution, such as arbitration or an international court. Unlike an agreement made after a specific dispute has already occurred, an abstract compromis establishes a standing framework for resolving potential future disagreements within a defined scope. It anticipates disputes and sets the ground rules for their resolution before they even arise.

Here are some examples to illustrate this concept:

• International Treaty for Border Disputes: Imagine two neighboring countries, Ruritania and Freedonia, sign a treaty. This treaty includes a clause stating that any future disputes concerning their shared border, regardless of the specific location or nature of the disagreement, will automatically be referred to the International Court of Justice for a binding decision. This is an abstract compromis because it doesn't address an existing border dispute but creates a general, pre-agreed mechanism for resolving any such disputes that might arise in the future.

• Long-Term Commercial Contract: A multinational corporation, "GlobalTech," enters into a ten-year agreement with a software development firm, "InnovateCode," for ongoing software maintenance and upgrades. Within their comprehensive contract, they include a provision stipulating that any disagreements or conflicts arising from the interpretation or performance of this contract will be settled through binding arbitration by a specific, pre-selected arbitration panel. This clause acts as an abstract compromis, setting up a dispute resolution process for any potential future issues related to their long-term business relationship, rather than for a single, current problem.

• Regional Economic Union Agreement: Several nations forming a new regional economic union agree that all trade disputes that may emerge between member states regarding tariffs, import quotas, or intellectual property rights will be adjudicated by a specialized tribunal established within the union's framework. This agreement is an abstract compromis because it creates a standing mechanism for resolving an entire category of future disputes among its members, without waiting for a specific trade conflict to materialize first.