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Afterword

from Part III - State-to-State Arbitration

Published online by Cambridge University Press:  11 March 2021

Victor Ferreres Comella
Affiliation:
Universitat Pompeu Fabra, Barcelona
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Summary

Throughout this book, we have explored various modalities of arbitration in a number of legal domains. Important differences have been noted. We have studied forms of arbitration involving disputes of a horizontal nature (private-law arbitration and state-to-state arbitration) and other forms that relate to controversies of a vertical character (investor-state arbitration). We have also paid attention to the presence or absence of courts in the background endowed with compulsory jurisdiction. While arbitrators dealing with domestic private law or international investment law do not operate in isolation, since local courts are otherwise empowered to handle cases, no such situation arises in the international sphere when states are in dispute. International adjudication, we have noted, retains an arbitral foundation, as no court can exercise jurisdiction unless its authority flows from the consent of the contending states.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Afterword
  • Victor Ferreres Comella, Universitat Pompeu Fabra, Barcelona
  • Book: The Constitution of Arbitration
  • Online publication: 11 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108906395.013
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  • Afterword
  • Victor Ferreres Comella, Universitat Pompeu Fabra, Barcelona
  • Book: The Constitution of Arbitration
  • Online publication: 11 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108906395.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Afterword
  • Victor Ferreres Comella, Universitat Pompeu Fabra, Barcelona
  • Book: The Constitution of Arbitration
  • Online publication: 11 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108906395.013
Available formats
×