The article presents the results of a study on the ongoing convergence of mechanisms for the settlement of economic disputes in the context of increasingly complex international trade and investment relations. It examines the legal features of inter-State trade dispute settlement, investor–State arbitration, and international commercial arbitration, and identifies the drivers behind their practical overlap. Particular attention is paid to jurisdictional competition and to criteria for selecting the appropriate forum, taking into account the parties to the dispute, the treaty or contractual basis of the procedure, and the models for recognition and enforcement of decisions. The study underscores the importance of legal certainty and good-faith procedural conduct when relying on parallel or alternative remedies, as well as the need for a neutral doctrinal approach to delineating public interests from private-law dispute resolution tools.
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Dmitry Semenovich Belkin
Institute of Slavic Studies
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Dmitry Semenovich Belkin (Mon,) studied this question.
www.synapsesocial.com/papers/69c4cc02fdc3bde4489174d2 — DOI: https://doi.org/10.64457/ru-science-2016-i01-a02