Juridisk Institut

Investment arbitration under EU investment agreements: Is there a role for an autonomous EU legal order?

Publikation: Bidrag til tidsskrift/Konferencebidrag i tidsskrift /Bidrag til avisTidsskriftartikelForskningpeer review

The present paper argues, that the investment court fails to guarantee overall compat-ibility with the Treaty. In particular, the principle of autonomy, which the Court of Justice has over the years developed into an effective tool protecting its own jurisdic-tional prerogatives, is likely to have an impact on the establishment of the investment court. Accordingly, as the investment court will ultimately engage in the interpreta-tion of EU law and it assessment against broadly defined international standards it fulfills a judicial function that is reserved to the Court of Justice. In the absence of the prior involvement of the Court, and considering the exclusion of domestic courts from the process of dispute resolution, the present paper concludes that the currently envisaged investment court system is incompatible with the Treaty.
TidsskriftEuropean Business Law Review
Sider (fra-til)135-162
StatusUdgivet - 2017

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