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

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Procedural aspects of investor-state dispute settlement: The emergence of a European approach? / Tams, Christian J.
In: Journal of World Investment and Trade, Vol. 15, No. 3-4, 2014, p. 585-611.

Research output: Journal contributionsJournal articlesResearchpeer-review

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@article{d27188575af34ac89cf574968cee238d,
title = "Procedural aspects of investor-state dispute settlement: The emergence of a European approach?",
abstract = "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).",
keywords = "Backlash against investment arbitration, Coherence of investment law, Common commercial policy, Consistency of awards, Eu investment policy, Investment arbitration, Investor-State dispute settlement, Law",
author = "Tams, {Christian J.}",
year = "2014",
doi = "10.1163/22119000-01504012",
language = "English",
volume = "15",
pages = "585--611",
journal = "Journal of World Investment and Trade",
issn = "1660-7112",
publisher = "Brill",
number = "3-4",

}

RIS

TY - JOUR

T1 - Procedural aspects of investor-state dispute settlement

T2 - The emergence of a European approach?

AU - Tams, Christian J.

PY - 2014

Y1 - 2014

N2 - 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).

AB - 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).

KW - Backlash against investment arbitration

KW - Coherence of investment law

KW - Common commercial policy

KW - Consistency of awards

KW - Eu investment policy

KW - Investment arbitration

KW - Investor-State dispute settlement

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=84971406381&partnerID=8YFLogxK

U2 - 10.1163/22119000-01504012

DO - 10.1163/22119000-01504012

M3 - Journal articles

AN - SCOPUS:84971406381

VL - 15

SP - 585

EP - 611

JO - Journal of World Investment and Trade

JF - Journal of World Investment and Trade

SN - 1660-7112

IS - 3-4

ER -