Procedural aspects of investor-state dispute settlement: The emergence of a European approach?
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In: Journal of World Investment and Trade, Vol. 15, No. 3-4, 2014, p. 585-611.
Research output: Journal contributions › Journal articles › Research › peer-review
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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 -