Investment arbitration is a success story. By now this has become an often repeated truism. It is an obvious success story measured simply by the still increasing number of arbitral proceedings, but also by what is frequently termed the general acceptance of this special form of mixed dispute settlement between States and private parties. Still, questions are being raised whether the boom in investment arbitration can be maintained. Some have cautiously remarked that the current ‘hype’ may have already passed its zenith. They point to disintegrating developments,...
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