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ISDS Reform: Analysis on Establishing a Multilateral Investment Court System
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 2021The idea of establishing an appeal mechanism for Investor-State Dispute Resolution (ISDS) awards is not novel. Currently, the United Nations Commission on International Trade Law Working Group III (WG III) is discussing potential reform of the ISDS system, including an appeal mechanism and a Multilateral Investment Court (MIC) system. This
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Potential Enforcement Mechanisms for Decisions of a Multilateral Investment Court
2020In recent years, demands for reforming investor-state arbitration have become louder. One of the rather incisive proposals in this regard is to set up a Multilateral Investment Court (MIC). Because of the still early stage of development there is much room for the unprejudiced expression of ideas and suggestions regarding its organisational structure ...
Bungenberg, Marc, Holzer, Anna M.
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From Arbitral Tribunals to a Multilateral Investment Court: The European Union Approach
2020In every International Investment Agreement (IIA), a very critical component is the dispute settlement mechanism. While the Member States of the European Union (EU) traditionally favored ad hoc or institutional investment arbitration in their respective IIAs, an approach initially also adopted by the EU, they have both changed course.
Bungenberg, Marc, Reinisch, August
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Achmea’s legacy: The necessity to create the multilateral investment court
Publicationes Universitatis Miskolcinensis, Sectio Juridica et PoliticaThis paper examines the European Court of Justice’s (ECJ) Achmea judgment and its implications for investment dispute resolution within the EU. The 2018 ruling declared that bilateral investment treaties (BITs) between EU member states infringe on EU legal autonomy, as they grant jurisdiction to arbitral tribunals outside the EU framework. This has led
Imre Mátyás, Felipe Cristancho
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European Investment Law and Arbitration Review, 2021
This article analyses the European Union (EU)’s and its Member States’ activities in the multilateral reform of investors-state dispute settlement (ISDS) in the early stages of the United Nations Commission on International Trade Law (UNCITRAL) discussions with the ultimate goal of the establishment of a multilateral investment court ...
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This article analyses the European Union (EU)’s and its Member States’ activities in the multilateral reform of investors-state dispute settlement (ISDS) in the early stages of the United Nations Commission on International Trade Law (UNCITRAL) discussions with the ultimate goal of the establishment of a multilateral investment court ...
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SSRN Electronic Journal, 2018
For the last years, reforming the international investment law regime has been a key priority of the trade agenda of the European Commission. Two important decisions in March 2018 can either be seen as a stepping stone or stumbling block in this regard.
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For the last years, reforming the international investment law regime has been a key priority of the trade agenda of the European Commission. Two important decisions in March 2018 can either be seen as a stepping stone or stumbling block in this regard.
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SSRN Electronic Journal, 2017
The EU’s proposal to establish a new Investment Court System during the TTIP negotiations has well represented the cumulative resentment of the public, governments, civil societies as well as academics in regard to the existing ISDS mechanism. Such issues as the lack of legitimacy, transparency, consistency, the absence of a review mechanism, and the ...
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The EU’s proposal to establish a new Investment Court System during the TTIP negotiations has well represented the cumulative resentment of the public, governments, civil societies as well as academics in regard to the existing ISDS mechanism. Such issues as the lack of legitimacy, transparency, consistency, the absence of a review mechanism, and the ...
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Comment on the Keynote Speech ‘The Path to a Multilateral Investment Court’
European Investment Law and Arbitration Review, 2019This brief comment focuses on a point that Colin Brown does not expressly mention in his keynote, at least in the direct context of the proposed MIC. That is, the MIC’S compatibility with EU law. In this context the Opinion of Advocate General Bot regarding Opinion 1/17 on the compatibility of the investment court system (ICS) as contained
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SSRN Electronic Journal, 2018
Abstract This article starts from the assumption that the future Multilateral Investment Court (MIC) will be shaped by a new and different type of international investment adjudicator (IIA) and focuses on the diversity issues that will need to be addressed during the Court’s creation.
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Abstract This article starts from the assumption that the future Multilateral Investment Court (MIC) will be shaped by a new and different type of international investment adjudicator (IIA) and focuses on the diversity issues that will need to be addressed during the Court’s creation.
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2018
Recent decades have witnessed the growing malaise of multilateralism within international economic governance and an inclination for bilateralism and tailor-made solutions. And yet procedural multilateralism does exist in international investment law.
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Recent decades have witnessed the growing malaise of multilateralism within international economic governance and an inclination for bilateralism and tailor-made solutions. And yet procedural multilateralism does exist in international investment law.
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