ABSTRACT
It has been more than half a century since investment disputes in the energy industry began to be resolved through its own specific mechanism: treaty arbitration. As a natural consequence, the intensive workload of arbitration since then has caused an unbearable slowdown and unprecedented legal damages. It is now of great importance to deeply analyze and bring solutions to the problems and possibly question the alternatives if there is a need. However, to do this, the history and the causes of the problems should be set out and studied in detail. Hence, this chapter aims to explore a ground for such a need and aims to find answers to the criticisms to justify if any alternative method of dispute resolution could stand against or together with arbitration.
