Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Dispute Settlement in EU International Investment Agreements with Third States: Three Salient Problems

Dispute Settlement in EU International Investment Agreements with Third States: Three Salient... The eu institutions are committed to include investor-State arbitration clauses in eu iias with third States. However, there are at least three unresolved problems in doing so. First, the eu is not, and is unlikely to become, a Contracting Party to the icsid Convention. While this deficiency may be remedied by replicating relevant provisions of the icsid Convention, eu investors cannot benefit from icsid’s institutional clout which could facilitate enforcement of awards. Secondly, there may be problems from an eu law perspective. Arguably, the eu could only include investor-State arbitration clauses in eu iias with third States following a change in eu primary law such that investment tribunals could request a preliminary ruling from the cjeu in accordance with Article 267 tfeu. Thirdly, to date there appears to be no agreement within the eu on the question who will be the proper respondent in an arbitration. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Dispute Settlement in EU International Investment Agreements with Third States: Three Salient Problems

Journal of World Investment and Trade , Volume 15 (3-4): 19 – Jul 28, 2014

Loading next page...
 
/lp/brill/dispute-settlement-in-eu-international-investment-agreements-with-CVuEjD5MlQ

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-01504010
Publisher site
See Article on Publisher Site

Abstract

The eu institutions are committed to include investor-State arbitration clauses in eu iias with third States. However, there are at least three unresolved problems in doing so. First, the eu is not, and is unlikely to become, a Contracting Party to the icsid Convention. While this deficiency may be remedied by replicating relevant provisions of the icsid Convention, eu investors cannot benefit from icsid’s institutional clout which could facilitate enforcement of awards. Secondly, there may be problems from an eu law perspective. Arguably, the eu could only include investor-State arbitration clauses in eu iias with third States following a change in eu primary law such that investment tribunals could request a preliminary ruling from the cjeu in accordance with Article 267 tfeu. Thirdly, to date there appears to be no agreement within the eu on the question who will be the proper respondent in an arbitration.

Journal

Journal of World Investment and TradeBrill

Published: Jul 28, 2014

Keywords: Investor-State arbitration; icsid Convention; Court of Justice of the European Union; Article 267 tfeu ; financial responsibility

There are no references for this article.