COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION: FERTILE SOIL FOR FALSE FRIENDS?

Abstract This chapter illustrates the risk of false friends in international arbitration by looking at one example of transplant from public international law into commercial law, and one from commercial arbitration into investment arbitration. The purpose of this exercise is to draw attention to how investment arbitration and commercial arbitration, in spite of clear parallels between the two, cannot be considered as fully corresponding to each other and cannot always automatically be used as a source for each other.