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Part III Consent in Investment Arbitration, 15 Conclusion

From: Consent in International Arbitration

Andrea Marco Steingruber

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 26 May 2022

Subject(s):
Arbitral agreements
15.01 Arbitration is considered to be a consensual dispute resolution mechanism. Party autonomy is fundamental for the existence of arbitration1 and is the primary source of the arbitration jurisdiction and the procedure. However, while the classical characterization of arbitration is still influenced by commercial arbitration,2 arbitration has evolved.3 15.02 With the growing acceptance of arbitration as a dispute resolution mechanism and its use in areas other than the traditional one of commercial arbitration, the consensual character of arbitration has been...
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