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2018, vol. 56, iss. 4-6, pp. 345-364
On some differences between commercial and investment arbitration
University of Belgrade, Faculty of Law
Keywords: international commercial arbitration; investment arbitration; arbitration agreement; applicable substantive law; transparency; control of the arbitral award
Over the last decade, the differences between commercial and investment arbitration have been in the focus of attention of both scholars and practitioners. Particular challenges in approaching this matter stem from the fact that investment arbitration alone is a very diversified category, since investment disputes may arise from various legal grounds: direct contract between teh investor and the State, international investment treaty, internal regulations on investment protection, etc. This paper presents and analyzes several points of divergence between commercial and investment arbitration: conclusion of the arbitration agreement, applicable substantive law, the principles of transparency or privacy and the control over the arbitral award. It may be concluded that the said differences are caused by the aspiration to better adapt the rules of arbitration procedure to the specificities of investment as a legal transaction. On the other hand, these differences may have a significant impact on the outcome of the dispute, so it is highly advisable to exercise special attention and due care when opting for a specific arbitral mechanism for resolution of investment disputes.


article language: Serbian
document type: unclassified
published in SCIndeks: 02/08/2018

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