Introduction

Investment arbitration has in recent years indeed resembled an adventurous journey through uncharted waters. The stakes are often high. Claims in the hundreds of millions, occasionally even several billion, are not unusual. Therefore, it is not surprising to see that the traffic along this route has increased dramatically. There are almost 100 cases pending at ICSID alone with more awaiting registration. This does not include arbitrations pending with other arbitration institutions and ad hoc arbitrations. Many of these cases are not and never will be even in the public ...