Jay Treaty And The Beginning Of Modern International Arbitration

The Jay Treaty of 1794 between the United States and Great Britain is one of the most important treaties in the history of international law,and almost every work,both domestic and foreign,refers to the Jay Treaty as the beginning of modern international arbitration.Unlike most sole arbitral and a few arbitral commissions before the Jay Treaty,which were formed to deal with a specific case and did not follow a specific formula or rules,the three commissions formed by the Jay Treaty all had a similar,clear and formal structure and operating procedures,and two of them were continuous in nature and formed to resolve bulk cases.The Jay Treaty thus opened a new chapter in modern international arbitration,and the manner in which the three commissions were formed and the procedures they followed have had a significant impact on modern international arbitration.The introductory part of the paper is divided into the significance of the research,literature review,research methodologies,structural ideas and innovations.The main body of the paper begins with the background of the period before the Jay Treaty was signed.One of the key objectives of the Jay Treaty was to resolve the problems left by the Treaty of Paris,so this part can be divided into three periods using the Treaty of Paris as a dividing line.After the Treaty of Paris,Anglo-American relations eased,but did not resolve the legacy of the past as completely as expected.The outbreak of the Anglo-French War and the implementation of various British restrictions on France,coupled with the intensification of political party differences within the United States,made it more difficult for the United States to preserve its neutrality and interests.The article then goes on to analyze the Jay Treaty in detail,including the process of its signing,its contents,and its effects.John Jay and Grenville negotiated the treaty on behalf of the United States and Britain respectively.Due to Grenville’s busy schedule,the treaty negotiations lasted for a long time,but not much time was actually spent on the negotiations,and because of this,Jay dropped many issues during the negotiations and only negotiated the necessary ones.The treaty consisted of 28 articles,covering all aspects of friendship,commerce and navigation between the United States and Great Britain.Although the treaty was attacked by people in both Britain and the United States,it did create a new framework for the construction of Anglo-American relations.After completing a general analysis of the Jay Treaty,the article focuses on the commissions formed under Articles V-VII of the Jay Treaty.The three commissions are the St.Croix River Commission,the British Debt Commission,and the Maritime Claims Commission.The St.Croix River Commission was the first mixed commission in the history of modern international arbitration,while the British Debt Commission and the Admiralty Claims Commission,which handled the claims of British and American citizens,set a precedent for the mixed claims commission.In addition to the establishment and operation of the three commissions,the article also summarizes and discusses the arbitration procedures of the Jay Treaty.The arbitration procedure applied by the Commissions is also one of the most important contributions of the treaty to modern international arbitration.From the arbitration commissioners,to the commission rules,to the arbitral award,many of the procedures have been followed by modern arbitration.The concluding section provides an objective assessment of the place and significance of treaties in the formation of modern international arbitration.the mixed arbitration commission created in 1794,which to some extent replaced sole arbitration by a single individual(mainly the head of state),was widely used in the 19 th century,and although its number declined in the 20 th century,its evolution led to a new model--Arbitral tribunals became an important mode of international dispute resolution,and it can be argued that modern arbitral tribunals are also a continuation of the mixed arbitration commissions initiated by the Jay Treaty.