International Arbitration and EU Law
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International Arbitration and EU Law

Edited by José R. Mata Dona and Nikos Lavranos

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
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Chapter 19: THE MULTILATERAL INVESTMENT COURT

Friedrich Rosenfeld

Abstract

This article discusses the European Union’s proposal for multilateral court for the settlement of investment disputes. For some stakeholders, this proposal marks a critical milestone in the process towards a better system of investor-State dispute settlement. Others are concerned, fearing that the hallmarks of international arbitration will be sacrificed without any valid reason. Irrespective of which camp one favors, there is no doubt that investor-state dispute resolution is at a critical juncture that will determine its future. Against this background, the present paper will examine what triggered the proposal to create a multilateral investment court, how the court could look like and what challenges lie ahead of the European Union when attempting to implement its proposal.

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