The Contribution of International Commercial Arbitration to Investment Arbitration

International commercial arbitration is an old and venerable form of international dispute resolution for commercial disputes arising out of contract. Much more recently there has grown up an entirely new species of international arbitration, known as investor-State arbitration, for disputes arising out of bilateral international treaties for the mutual protection of investors and investments. This chapter examines the extent to which the practices of international commercial arbitration are apt for the resolution of treaty-based international investment disputes and the extent to which they are not