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from Part II - Public Law Questions Relating to Arbitration
Published online by Cambridge University Press: 18 February 2023
The chapter discusses arbitration’s function in the development of the substantive law applicable to the resolution of an arbitral dispute. In the context of commercial arbitration, this will frequently include national commercial law, as well as, to a restricted extent, non-national sources; while in investment arbitration, this will most commonly include international investment law – possibly in addition to the applicable national law. Undoubtedly, arbitration has also contributed to the development of the procedural law of arbitration through its practice; but this chapter only refers sporadically and occasionally to instances of procedural law development.
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