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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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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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A New Toy: Will the Establishment of a Multilateral Investment Court Weaken Investment Protection?
The Journal of World Investment & TradeAbstract The European Union plans to establish a Multilateral Investment Court (MIC) as spart of its ongoing reforms of investment law, aimed at strengthening states’ and EU regulatory power at the expense of investment protection. A MIC will be a plurilateral rather than a multilateral endeavour, confined to a group of like-minded states (and the EU ...
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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, 2020
On 30 April 2019, the Court of Justice of the European Union (CJEU) rendered Opinion 1/17 declaring the institutionalized dispute settlement mechanism in the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) compatible with EU law. Opinion 1/17 is a domestic, if sui generis, decision.
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On 30 April 2019, the Court of Justice of the European Union (CJEU) rendered Opinion 1/17 declaring the institutionalized dispute settlement mechanism in the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) compatible with EU law. Opinion 1/17 is a domestic, if sui generis, decision.
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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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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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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
European Yearbook of International Economic Law, 2020Marc Bungenberg
exaly
Reforming Investor-state Dispute Settlement: The EU Multilateral Investment Court Perspective
Journal of Investment and Management, 2022exaly