Introduction

The investment arbitration community has responded to calls for greater transparency of investment treaty arbitration proceedings by supporting the enactment of new arbitration rules and a new international convention. While these changes may have been expedient, the resulting set of rules has increased the degree of complexity for users of arbitration proceedings. Moreover, in practice the new rules will inevitably make arbitration proceedings more cumbersome and costly for the parties. This article will analyse the new transparency regime and the resulting complexities (II.). ...