Commercial Arbitration and Investment Arbitration: Fertile Soil for False Friends?

Giuditta Cordero Moss

Research output: Chapter in Book/Report/Conference proceedingChapter

13 Citations (Scopus)

Abstract

This chapter illustrates the risk of false friends in international arbitration by looking at one example of transplant from public international law into commercial law, and one from commercial arbitration into investment arbitration. The purpose of this exercise is to draw attention to how investment arbitration and commercial arbitration, in spite of clear parallels between the two, cannot be considered as fully corresponding to each other and cannot always automatically be used as a source for each other.

Original languageEnglish
Title of host publicationInternational Investment Law for the 21st Century
Subtitle of host publicationEssays in Honour of Christoph Schreuer
EditorsChristina Binder, Ursula Kreibaum, August Reinisch, Stephan Wittich
Place of PublicationNew York
PublisherOxford University Press
Pages782-800
Number of pages19
ISBN (Print)9780191705472, 9780199571345
DOIs
Publication statusPublished - 1 Sept 2009

Keywords

  • Commercial law
  • International arbitration
  • International law
  • Investment arbitration
  • Investment disputes

ASJC Scopus subject areas

  • General Social Sciences

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