Journal of Arbitration Studies (한국중재학회지:중재연구)
- Volume 24 Issue 1
- /
- Pages.59-83
- /
- 2014
- /
- 1226-3699(pISSN)
A Study in the Differences between Commercial Arbitration and Investment Treaty Arbitration
상사중재와 투자조약중재에 관한 비교연구
- Received : 2014.02.03
- Accepted : 2014.02.24
- Published : 2014.03.02
Abstract
In the past, the mention of "international arbitration" would have brought to mind only commercial arbitration. However, the frequency of investment treaty arbitration has seen remarkable grow thanks to the rise of globalization and the spread of multi-national corporations. Reflecting on the current state of the world, this paper introduces the meaning, characteristics, and differences between commercial arbitration and investment treaty arbitration in the context of procedural considerations. To this end, this paper examines some major procedural differences among the said types of arbitration, by dividing commercial arbitration into institutional arbitration and ad hoc arbitration, and dividing investment treaty arbitration into ICSID arbitration and UNCITRAL Rules arbitration.
Keywords