Introduction

The discontent with the current functioning of investment arbitration is hard to measure. And whether the criticisms that are generally leveled against this type of arbitration are justified or not is, at least to some extent, in the eye of the beholder. But probably even the most optimistic views of investment arbitration see room for improvement, particularly in certain areas. Further, after the first decade of (increasingly) intense recourse to investment arbitration, the view that its most acute problems were due to the system's infancy and would somehow resolve themselves over time, ...