A Shift From Arbitration To Multilateral Investment Court System At EU

Introduction

The establishment of an international investment court system has been one of the major objectives of the European Commission since 2015¹, as the investor-to-state dispute settlement via arbitration is argued to become obsolete.

In this article, the shift from arbitration into a permanent court system will be covered.

The Reasons Behind an Investment Court System

As per the Fact Sheet² of the Commission of 2017:

• Case-by-case establishment of ad hoc tribunals with diverging approaches on investment rules avoid predictability in investment disputes;
• The current system is not transparent enough, since it lacks systematic publication of arbitral awards or decisions;