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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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International Commercial Arbitration and Investment Treaty Arbitration

International Commercial Arbitration and Investment Treaty Arbitration

Analogies and Differences

(p.52) 3 International Commercial Arbitration and Investment Treaty Arbitration
Practising Virtue

Piero Bernardini

Oxford University Press

This chapter reflects on whether international arbitration can be analysed as part of one overarching framework or whether it is better seen in a more differentiated fashion. Addressing the basic procedural features of international commercial and investment treaty arbitration, including the agreement to arbitrate, applicable law and procedure, confidentiality versus transparency, cost allocation, and dissenting opinions, it points out commonalities between both forms of international arbitration, but also cautions that differences should not be overlooked. This calls for a differentiated analysis of international arbitration depending on the dispute involved, but at the same time underlines the need for overarching and cross-cutting analysis.

Keywords:   investment treaty arbitration, international commercial arbitration, arbitration agreement, applicable law, confidentiality, transparency, cost allocation, dissenting opinions

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