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Legal Definitions - ad hoc compromis

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Definition of ad hoc compromis

An ad hoc compromis refers to a special agreement or arrangement created specifically to address a particular dispute or issue, rather than being part of a standing or pre-existing set of rules. It is a one-time agreement tailored to resolve a unique situation, often used in international law to define the terms under which a specific dispute will be submitted to arbitration or judicial settlement.

Here are some examples illustrating this concept:

  • International Border Dispute: Imagine two neighboring countries, Ruritania and Freedonia, have a long-standing disagreement over the precise location of a small section of their shared border. Instead of relying on a general treaty that might not cover the specifics of this particular dispute, their governments draft an ad hoc compromis. This agreement specifically outlines the exact portion of the border in question, details the international court or arbitration panel that will hear the case, specifies the legal principles to be applied, and sets a timeline for the proceedings. This agreement is created solely for the purpose of resolving this one specific border issue.

    This illustrates an ad hoc compromis because it's a unique agreement crafted specifically for a single, defined dispute between two parties, rather than a general framework for all disputes.

  • Complex Business Arbitration: Two large corporations, TechCorp and Innovate Inc., find themselves in a significant dispute over intellectual property rights related to a new software platform. While their standard contracts include a general arbitration clause, both companies agree that the complexity and high stakes of this particular dispute warrant a more tailored approach. They negotiate and sign an ad hoc compromis that details the specific issues to be arbitrated, names the three expert arbitrators who will preside, establishes unique procedural rules for evidence presentation, and sets a strict confidentiality protocol. This agreement supersedes their general arbitration clause for this specific case.

    Here, the ad hoc compromis is a custom-made agreement designed to manage the unique intricacies of a particular business conflict, demonstrating its "for this specific purpose" nature.

  • Environmental Resource Sharing: Two communities, Riverbend and Upland, share a vital river, but a recent drought has led to conflict over water allocation for farming and drinking. There are no existing formal agreements specifically addressing drought conditions. To prevent further escalation, the community leaders draft an ad hoc compromis. This agreement establishes a temporary joint committee, defines a specific methodology for measuring water levels, sets temporary water usage quotas for each community during the drought, and outlines a process for mediating future disagreements until the drought ends. This agreement is temporary and focused solely on managing the current water crisis.

    This example highlights an ad hoc compromis as a temporary, purpose-built agreement created to address an immediate and specific environmental dispute that was not covered by existing regulations.

Simple Definition

An ad hoc compromis is a special agreement between states to submit a specific, existing dispute to an international court or tribunal for resolution. It is created solely for that particular case, rather than being a standing agreement for all future disputes.

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