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

Giuditta Cordero Moss

doi:10.1093/acprof:oso/9780199571345.003.0039

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

Giuditta Cordero Moss

Research output: Chapter in Book/Report/Conference proceeding › Chapter

11 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 language	English
Title of host publication	International Investment Law for the 21st Century
Subtitle of host publication	Essays in Honour of Christoph Schreuer
Editors	Christina Binder, Ursula Kreibaum, August Reinisch, Stephan Wittich
Place of Publication	New York
Publisher	Oxford University Press
Pages	782-800
Number of pages	19
ISBN (Print)	9780191705472, 9780199571345
DOIs	https://doi.org/10.1093/acprof:oso/9780199571345.003.0039
Publication status	Published - 1 Sept 2009

Keywords

Commercial law
International arbitration
International law
Investment arbitration
Investment disputes

ASJC Scopus subject areas

General Social Sciences

Access to Document

10.1093/acprof:oso/9780199571345.003.0039

Cite this

@inbook{2289d6eac9994278aa70e692bc8e934d,

title = "Commercial Arbitration and Investment Arbitration: Fertile Soil for False Friends?",

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.",

keywords = "Commercial law, International arbitration, International law, Investment arbitration, Investment disputes",

author = "Moss, {Giuditta Cordero}",

year = "2009",

month = sep,

day = "1",

doi = "10.1093/acprof:oso/9780199571345.003.0039",

language = "English",

isbn = "9780191705472",

pages = "782--800",

editor = "Christina Binder and Ursula Kreibaum and August Reinisch and Stephan Wittich",

booktitle = "International Investment Law for the 21st Century",

publisher = "Oxford University Press",

address = "United Kingdom",

}

Commercial Arbitration and Investment Arbitration: Fertile Soil for False Friends? / Moss, Giuditta Cordero.
International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer. ed. / Christina Binder; Ursula Kreibaum; August Reinisch; Stephan Wittich. New York: Oxford University Press, 2009. p. 782-800.

Research output: Chapter in Book/Report/Conference proceeding › Chapter

TY - CHAP

T1 - Commercial Arbitration and Investment Arbitration

T2 - Fertile Soil for False Friends?

AU - Moss, Giuditta Cordero

PY - 2009/9/1

Y1 - 2009/9/1

N2 - 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.

AB - 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.

KW - Commercial law

KW - International arbitration

KW - International law

KW - Investment arbitration

KW - Investment disputes

UR - http://www.scopus.com/inward/record.url?scp=84919741599&partnerID=8YFLogxK

U2 - 10.1093/acprof:oso/9780199571345.003.0039

DO - 10.1093/acprof:oso/9780199571345.003.0039

M3 - Chapter

AN - SCOPUS:84919741599

SN - 9780191705472

SN - 9780199571345

SP - 782

EP - 800

BT - International Investment Law for the 21st Century

A2 - Binder, Christina

A2 - Kreibaum, Ursula

A2 - Reinisch, August

A2 - Wittich, Stephan

PB - Oxford University Press

CY - New York

ER -

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

Abstract

Keywords

ASJC Scopus subject areas

Access to Document

Other files and links

Fingerprint

Cite this