Arbitration as a Dispute Resolution Process: Historical Developments
Cambridge Compendium on International Commercial and Investment Arbitration (Cambridge University Press), 2019
24 Pages Posted: 24 Oct 2019
Date Written: June 19, 2019
The present chapter focuses on the ways in which arbitration has emerged as the favoured method for the settlement of international business disputes over the last century. It takes up the narrower task of examining its developments in the last century throughout the study of the two most important institutions for commercial and investment arbitration: the International Chamber of Commerce (ICC) and the International Centre for the Settlement of Investment Disputes (ICSID). In focusing on the history of the ICC and ICSID, the present chapter will examine the evolution of both institutions along common analytical lines.
This approach is based on the assumption that commercial and investment arbitration share procedural features that allow common analysis. To that extent, the present chapter runs counter to the bulk of the scholarly work on this subject which tends to separate the study of commercial and investment arbitration.
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