Open AccessInternational Investment Arbitration in the European Union
Author(s) -
E. Bihari
Publication year - 2021
Publication title -
acta universitatis sapientiae. legal studies
Language(s) - English
Resource type - Journals
eISSN - 2286-0940
pISSN - 2285-6293
DOI - 10.47745/ausleg.2021.10.1.02
Subject(s) - arbitration , enforcement , status quo , european union , investment (military) , compulsory arbitration , international trade , business , state (computer science) , investor state dispute settlement , international arbitration , investment arbitration , international investment , political science , international economics , foreign direct investment , law and economics , law , economics , algorithm , politics , computer science
The author analyses the regulation of institutional arbitration under investor–state dispute settlement mechanisms, with an emphasis on such arrangements to which the European Union is a party. The functioning of the EU’s Investment Court System is presented in detail as a major reform to the status quo, along with some questions raised when qualifying this system as a means of arbitration, especially for the purposes of recognition and enforcement of decisions rendered, both in jurisdictions party to the Comprehensive Economic and Trade Agreement between Canada and the European Union and third countries. The latter problem is identified as a significant aspect of international investment arbitration.