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The Relevance of EU Law for Arbitral Tribunals: (Not) Managing the Lingering Tension

The Relevance of EU Law for Arbitral Tribunals: (Not) Managing the Lingering Tension The tensions between European Union (EU) law and intra-EU bilateral investment treaties (BITs) have become increasingly visible: they involve national and transnational courts, arbitral tribunals and courts in third states, and arise in a variety of procedural settings and with increasing intensity. Written at a time when questions about the very foundations of the interactions between EU and intra-EU BITs have been raised before the Court of Justice of the European Union, this article highlights the legal and policy factors that may explain the intensity of the current dilemmas. It reflects on the maximalist and polemical approach that a number of actors have adopted over the years, and points out the pitfalls of ignoring the usefulness of pragmatism and comity. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

The Relevance of EU Law for Arbitral Tribunals: (Not) Managing the Lingering Tension

Journal of World Investment and Trade , Volume 17 (6): 22 – Nov 24, 2016

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-12340020
Publisher site
See Article on Publisher Site

Abstract

The tensions between European Union (EU) law and intra-EU bilateral investment treaties (BITs) have become increasingly visible: they involve national and transnational courts, arbitral tribunals and courts in third states, and arise in a variety of procedural settings and with increasing intensity. Written at a time when questions about the very foundations of the interactions between EU and intra-EU BITs have been raised before the Court of Justice of the European Union, this article highlights the legal and policy factors that may explain the intensity of the current dilemmas. It reflects on the maximalist and polemical approach that a number of actors have adopted over the years, and points out the pitfalls of ignoring the usefulness of pragmatism and comity.

Journal

Journal of World Investment and TradeBrill

Published: Nov 24, 2016

Keywords: comity; European Union; Court of Justice of the European Union; intra-EU BITs; maximalism; Micula case

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