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9 - Arbitration and the Development of Law
from Part II - Public Law Questions Relating to Arbitration
- By Giuditta Cordero-Moss, Daniel Behn†
Edited by Stefan Kröll, Andrea K. Bjorklund, McGill University, Montréal, Franco Ferrari, New York University
Book:

Cambridge Compendium of International Commercial and Investment Arbitration

Published online:

18 February 2023

Print publication:

02 March 2023, pp 244-280
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Summary

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.