A compromise to submit a dispute to arbitration may be ad hoc by two or more states or can be made on the basis of a mutual declaration made under the Statute of the International Court of Justice. [1] Article 36, paragraph 2, of the ICJ statute states that “States parties to this status may at any time declare that they recognize the jurisdiction of the Court of Justice as mandatory ipso facto and without any special agreement in all disputes concerning the following terms, with respect to any other State that accepts the same obligation , the jurisdiction of the Court in all disputes involving: (a) the interpretation of a contract; b. any question of international law; c. the existence of a fact which, if proven, would constitute a violation of an international obligation; d. the nature or extent of the remedy for breach of an international obligation.” Article 36, paragraph 3, states that “the above statements may be made unconditionally or on the condition of reciprocity of several states or states, or for a specified period of time.” [2] “2. States Parties to this Statute may at any time declare that they recognize as obligatory the jurisdiction of the Court for all disputes concerning the following issue: special arrangements may be made between States and armed groups or between rival armed groups. In addition, there is no restriction on the form in which specific agreements can be concluded. A compromise can also be used to subject international investments or commercial disputes to arbitration. [5] Article 36, paragraph 1 of the statute provides that the jurisdiction of the Court of Justice covers all matters to which the parties relate. Such cases are normally addressed to the Registry by notification of a so-called special agreement, which is concluded by the parties specifically for that purpose2.

The subject of the dispute and the parties must be indicated (statutes, Article 40, paragraph 1; Rules, art. 39). 3 With the exception of the 17 cases in Footnote 2, which were brought by the meaning of a particular agreement, all the cases in issue were brought before the Court by an application to open proceedings, whether the jurisdiction of the Court of Justice was based on a provision of a treaty or convention, statements recognizing the jurisdiction of the Court of Justice as mandatory as mandatory. , by each of the litigants or any other presumed form of consent.