Introduction

These are issues that Christoph and I are familiar with as we are currently addressing them in a number of pending cases. For obvious reasons I cannot go into the details of those cases, but I can touch on certain issues that arise. I should make it clear at the outset that I am involved on both sides of this issue. It is important to look at the relationship between national courts and an international arbitration tribunal in a broader context, and ask oneself a very basic question: what is the social function of treaty arbitration? Investment arbitration has a decent history, ...