Abstract:
in international legal systems, arbitration is one of the most significant methods for resolving disputes in trade and investment. commercial arbitration and investment arbitration share fundamental principles such as impartiality, fair trial, and binding decisions, yet they differ significantly in terms of dispute scope, party composition, and governing rules. commercial arbitration occurs between private parties and corporations, offering greater flexibility, whereas investment arbitration, due to the involvement of states, is influenced by international treaties and sovereign considerations. procedural justice remains a crucial challenge in both types of arbitration. issues such as arbitrator selection, transparency, the conflict between confidentiality and public access, and potential misuse of arbitration mechanisms impact the legitimacy of the system. the findings of this study indicate that institutional and structural differences between the two arbitration systems affect the implementation of procedural justice, and balancing investor protection with state sovereignty remains a persistent challenge. this research, using a descriptive-analytical method, conducts a comparative analysis of these two arbitration frameworks and their impact on procedural justice and ethical considerations.
Machine summary:
Measuring International Commercial Arbitration and International Investment Arbitration: The Intersection of Legal Principles and Ethical Requirements in Pursuit of Procedural Justice Neda Heydari Moghaddam Ahmad Fatemi, Mohammad Ali Kafaeifar Abstract In the international legal system, arbitration is considered one of the most important methods for dispute resolution in the fields of trade and investment.
Although commercial arbitration and investment arbitration share common principles such as impartiality, fair trial, and the binding nature of awards, they have fundamental differences in terms of the scope of claims, the composition of parties, and the governing rules.
Therefore, the main objective of this research is to provide a comparative analysis between commercial and investment arbitration to determine how the principles governing these two arbitration systems affect the processes of adjudication, the selection of arbitrators, the implementation of procedural justice, and the observance of ethical considerations.
Finally, in the third section, the concept of procedural justice in international arbitration is studied, and an attempt will be made to analyze ethical challenges related to arbitration processes, including issues such as transparency, confidentiality, abuse of rights, and the impact of arbitral decisions on public rights and social interests.
Here, the foundations legal traditionally refer to the laws and regulations upon which arbitrators base their decisions, whereas ethical considerations relate more to the principles and standards that guarantee justice, fairness, and human rights in the arbitration process (Van Harten, 2009).
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