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

6 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 Sep 2009

Keywords

Commercial law
International arbitration
International law
Investment arbitration
Investment disputes

Access to Document

10.1093/acprof:oso/9780199571345.003.0039

Cite this

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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.",

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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

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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

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SN - 9780199571345

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BT - International Investment Law for the 21st Century

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A2 - Reinisch, August

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ER -

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

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Keywords

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