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Comment on the Keynote Speech ‘The Path to a Multilateral Investment Court’

European Investment Law and Arbitration Review, 2019
This 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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Designing a Multilateral Investment Court for Procedural Justice

The Journal of World Investment & Trade, 2023
Abstract Working Group III of the United Nations Commission on International Trade Law has embarked on a mandate to reform investor-State dispute settlement (ISDS), through identifying a set of concerns that merit multilateral procedural reform. In response, the EU has proposed creating a standing multilateral investment court.
Frank J. Garcia, Brooke S. Guven
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Attracting African States Participation in a Multilateral Investment Court

European Yearbook of International Economic Law
Afolabi Oluwatomiwa Adekemi
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Creation and Implementation of a Multilateral Investment Court

2022
Starting point of the book is the ongoing reform process on ISDS at UNCITRAL working group III and the proposal to implement an MIC. An introduction sets the stage and provides readers with the latest developments and historical background. On this basis, the following chapters highlight different aspects of creating and implementing an MIC.
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ISDS Reform: Analysis on Establishing a Multilateral Investment Court System

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 2021
The 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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Diversity and the Principle of Independence and Impartiality in the Future Multilateral Investment Court (MIC)

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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Achmea’s legacy: The necessity to create the multilateral investment court

Publicationes Universitatis Miskolcinensis, Sectio Juridica et Politica
This 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

2020
In 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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