Remarks by Eduardo Silva Romero
In: Proceedings of the ASIL Annual Meeting, Band 112, S. 244-248
ISSN: 2169-1118
Starting with the state-to-state disputes, my impression is that
international commercial arbitration has very little influence on them, if
not nil. That is the case for, I believe, two reasons. The first reason is
that the arbitrators dealing with state-to-state disputes and state-to-state
arbitrations are usually, if not always, public international lawyers, and,
further, they are often former judges of the ICJ, with the result that the
rules and practices of the ICJ are more present in those arbitrations than
those coming from international commercial arbitration. The second reason is
that not many, if any, international commercial arbitrators intervene in
those disputes. There may, in the end, be some procedural similarities
between state-to-state arbitration and international commercial arbitration,
due to the fact that both are "arbitration," but that would be it.