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Regionalism in International Investment Law$
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Leon Trakman and Nicola Ranieri

Print publication date: 2013

Print ISBN-13: 9780195389005

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780195389005.001.0001

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The Relation of the European Union and Its Member States in Investor–State Arbitration

The Relation of the European Union and Its Member States in Investor–State Arbitration

Chapter:
(p.374) 13 The Relation of the European Union and Its Member States in Investor–State Arbitration
Source:
Regionalism in International Investment Law
Author(s):

Stephan W. Schill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195389005.003.0013

This chapter examines the complex relationship between the European Union and its Member States in investor-state arbitration. It first sets out the reasons why the issue of procedural status is of considerable importance for the different actors involved. It then turns to future EU investment treaties and highlights the issues relating to procedural status that need to be addressed in such treaties, including the limits on investor-state arbitration stemming from the interaction between EU law and international investment law, and the relations between investment arbitration and dispute settlement in the EU legal order. Finally, it discusses the impact of the new competence in Article 207 TFEU on investor-state arbitrations under existing investment treaties of Member States.

Keywords:   European Union, investor-state arbitration, dispute resolution, investment policy, investment treaties, international investment law

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