EU law constraints on intra-EU investment arbitration?

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The article asks whether the law of the European Union (EU) can impose jurisdictional constraints on so-called intra-EU investment arbitration proceedings. Would an arbitral tribunal hearing an intra-EU case under either a bilateral investment treaty (BIT) or under the Energy Charter Treaty (ECT) have to declare itself incompetent to hear the proceeding owing to the operation of EU law? The paper subjects that proposition to criticism, finding that, for a number or reasons connected either with the drafting of the BIT or the ECT or the operation of general principles of international law, it does not withstand scrutiny. An arbitral tribunal seized of a treaty claim under a BIT or the ECT cannot rely on EU law to negate rights expressly granted under the instrument giving it jurisdiction.
Original languageEnglish
Pages (from-to)71-86
Number of pages16
JournalLaw and Practice of International Courts and Tribunals
Publication statusPublished - 1 Apr 2017


  • Investor–state arbitration
  • EU law
  • Parallel proceedings
  • Jurisdiction
  • Admissibility

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