Foundational principles and concepts underlying arbitration

Three volumes thick Cambridge Compendium of International Commercial and Investment Arbitration.

Research & Faculty |

In March 2023 Cambridge University Press published the three volumes thick Cambridge Compendium of International Commercial and Investment Arbitration, co-edited by Prof. Dr. Stefan Kröll from Bucerius Law School with Prof. Andrea Bjorklund (McGill University) and Prof. Dr. Franco Ferrari (NYU).


Commonalities as well as the differences between commercial and investment arbitration

The Compendium, like an encyclopedia, contains nearly 70 entries covereing the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource.

This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

Prof. Kröll provided the entries on “Arbitration an Insolvency”, “Enforcement against States and State Entities”, “The Competence-Comptence Principle’s Positive Effect” (jointly with Keller) and “Settlement Efforts and Contract Adaptation by Arbitral Tribunals” (jointly with Kerkhoff).