Arbitraje de inversiones vs. arbitraje comercial internacionalla brecha tras el caso Achmea y los recientes trabajos en el marco de la CNUDMI

Resumo

Investment arbitration and international commercial arbitration are two modalities of the same dispute resolution mechanism. Despite this, there is a notable disparity between the two in their treatment, as highlighted in the recent jurisprudence of the CJEU and in the work being carried out within the framework of UNCITRAL. Specifically, there are two issues on which there is greater contrast: the validity of the clauses for submission to arbitration, and the way in which the reform of the arbitration system is being addressed within UNCITRAL. In this context, the objective of this study is to analyze both circumstances and delve into the reasons that justify such disparity.