Procedural aspects of investor-state dispute settlement: The emergence of a European approach?

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Chapters on investor-State dispute settlement (ISDS) are among the controversial sections of international investment agreements. The chapter situates the evolving approach of the European Union (EU) to isds, and it does so in two steps: (i) It assesses the impact of the main EU actors on the formation of the EU's investment policy and comments on the current backlash against investment arbitration, which has led the European Commission to engage in a public consultation. (ii) Against that background, the article provides a roadmap through the details of isds draft provisions put forward by EU actors. Its focus is on procedural aspects of dispute resolution (notably attempts to curtail options for parallel proceedings and certain types of claims) and on the question of consistency (which continues to prompt debate among treaty-makers).

Original languageEnglish
JournalJournal of World Investment and Trade
Volume15
Issue number3-4
Pages (from-to)585-611
Number of pages27
ISSN1660-7112
DOIs
Publication statusPublished - 2014
Externally publishedYes

    Research areas

  • Backlash against investment arbitration, Coherence of investment law, Common commercial policy, Consistency of awards, Eu investment policy, Investment arbitration, Investor-State dispute settlement
  • Law