EU Law in investment arbitration: a view from international arbitral tribunals
The conflict between international investment law and EU law provides fruitful insights into how the arbitral tribunals, acting outside the EU’s judicial system, have viewed the EU and EU law. Taking as an example the topical questions of the principle of autonomy of EU law as well as the EU’s State...
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| Format: | Article |
| Language: | English |
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UCL Press
2021-08-01
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| Series: | Europe and the World |
| Online Access: | https://uclpress.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.34 |
| _version_ | 1797896099087777792 |
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| author | Katariina Särkänne |
| author_facet | Katariina Särkänne |
| author_sort | Katariina Särkänne |
| collection | DOAJ |
| description | The conflict between international investment law and EU law provides fruitful insights into how the arbitral tribunals, acting outside the EU’s judicial system, have viewed the EU and EU law. Taking as an example the topical questions of the principle of autonomy of EU law as well as the EU’s State aid rules in investor-State arbitration, the article discusses how arbitral tribunals have seen the role of EU law and how they have treated the opposite demands from the two legal regimes. The claim of EU law rendering the intra-EU investment treaties invalid has constantly proved unsuccessful, and the tribunals have maintained their jurisdiction to be based on international law. However, the possibility of EU law affecting the assessment of the merits of the cases is clearer and more accepted. While harmonious interpretation could somewhat alleviate the remaining conflicts between the two legal regimes, it is unlikely that either regime would compromise the core elements of their systems. The article argues that, for the specific nature of the EU’s legal order to be secured in a way that does not conflict with international law, the relationship between EU law, international (investment) law and investment dispute settlement should be clearly regulated in instruments of international law. |
| first_indexed | 2024-04-10T07:37:23Z |
| format | Article |
| id | doaj.art-12baf8ca3faa4000988ce7dd047df538 |
| institution | Directory Open Access Journal |
| issn | 2399-2875 |
| language | English |
| last_indexed | 2024-04-10T07:37:23Z |
| publishDate | 2021-08-01 |
| publisher | UCL Press |
| record_format | Article |
| series | Europe and the World |
| spelling | doaj.art-12baf8ca3faa4000988ce7dd047df5382023-02-23T12:26:45ZengUCL PressEurope and the World2399-28752021-08-01510.14324/111.444.ewlj.2021.34EU Law in investment arbitration: a view from international arbitral tribunalsKatariina SärkänneThe conflict between international investment law and EU law provides fruitful insights into how the arbitral tribunals, acting outside the EU’s judicial system, have viewed the EU and EU law. Taking as an example the topical questions of the principle of autonomy of EU law as well as the EU’s State aid rules in investor-State arbitration, the article discusses how arbitral tribunals have seen the role of EU law and how they have treated the opposite demands from the two legal regimes. The claim of EU law rendering the intra-EU investment treaties invalid has constantly proved unsuccessful, and the tribunals have maintained their jurisdiction to be based on international law. However, the possibility of EU law affecting the assessment of the merits of the cases is clearer and more accepted. While harmonious interpretation could somewhat alleviate the remaining conflicts between the two legal regimes, it is unlikely that either regime would compromise the core elements of their systems. The article argues that, for the specific nature of the EU’s legal order to be secured in a way that does not conflict with international law, the relationship between EU law, international (investment) law and investment dispute settlement should be clearly regulated in instruments of international law.https://uclpress.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.34 |
| spellingShingle | Katariina Särkänne EU Law in investment arbitration: a view from international arbitral tribunals Europe and the World |
| title | EU Law in investment arbitration: a view from international arbitral tribunals |
| title_full | EU Law in investment arbitration: a view from international arbitral tribunals |
| title_fullStr | EU Law in investment arbitration: a view from international arbitral tribunals |
| title_full_unstemmed | EU Law in investment arbitration: a view from international arbitral tribunals |
| title_short | EU Law in investment arbitration: a view from international arbitral tribunals |
| title_sort | eu law in investment arbitration a view from international arbitral tribunals |
| url | https://uclpress.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.34 |
| work_keys_str_mv | AT katariinasarkanne eulawininvestmentarbitrationaviewfrominternationalarbitraltribunals |