An Analysis of the Role and Effectiveness of International Commercial Arbitration and Alternative Dispute Resolution in Resolving Investment Disputes
摘要
This study examines international commercial arbitration alongside other alternative dispute resolution techniques, including mediation and expert determination, particularly in the context of investment disputes. It evaluates the distinctions among arbitration, mediation, and expert determination concerning their methods of resolution and the level of enforceability they offer. Furthermore, the analysis includes a comparison of the features of international commercial arbitration with those of national courts. The significance of arbitration in attracting investments is underscored, as it cultivates trust between contracting parties and delivers effective and prompt solutions. The study also reviews the advantages of international commercial arbitration, like specialization and flexibility, against some disadvantages. Indeed, the study will try to prove that arbitration is one strong possible means of solving investment-related disputes more efficiently than the ordinary methods.