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Commercial arbitration versus Investment Arbitration | The Basics

Updated: Apr 5

Arbitration has become an increasingly popular means of dispute resolution in international trade. Two types of arbitration are generally used in this context: commercial arbitration and investment arbitration. Although both aim to resolve disputes quickly and efficiently, while avoiding national courts, there are important differences between the two.

First, commercial arbitration concerns disputes between private parties, such as companies or individuals, arising from a commercial contract. The subjects of dispute can be diverse, ranging from breach of distribution agreements to WIPO arbitration. Investment arbitration, on the other hand, concerns disputes between a state and a foreign investor, generally linked to bilateral investment treaties or international agreements.

The rules and procedures governing commercial and investment arbitration also differ. In commercial arbitration, the parties generally choose the applicable rules and the arbitral tribunal, which is made up of specialists in contract and commercial law. In investment arbitration, on the other hand, the applicable rules are generally defined by international treaties, and the arbitral tribunal is often made up of lawyers specializing in international investment law.

Moreover, investment arbitration often involves higher political and economic stakes than commercial arbitration. Foreign investors can sue a state for alleged violations of their rights under an investment treaty, which can have significant consequences in terms of financial compensation or reputation for the defendant state.

Finally, another notable difference between commercial and investment arbitration lies in the recognition and enforcement of arbitral awards. While commercial arbitration awards can be relatively easy to enforce in many countries under the New York Convention, investment arbitration awards can often be more difficult to enforce due to political considerations and state sovereignty.

In conclusion, although commercial arbitration and investment arbitration have similarities in terms of procedures and objectives, it is important to understand the differences between the two in order to choose the best dispute resolution route. If you are faced with a commercial or investment dispute requiring translation of arbitration documents into French, don't hesitate to contact professionals specializing in legal translation for quality assistance.

For more information visit:

Transjuridique | Legal Translations French - English in Paris

Legal translation specialists in Paris. Reliable French-English legal translation services. Your partner for overcoming language barriers.

For more information on French arbitration document translation contact us anytime:Transjuridique | Traductions Juridiques Français - Anglais à Paris

Legal translation specialists in Paris. Reliable French-English legal translation services. Your partner for overcoming language barriers.

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