EU Law and International Investment Arbitration

This book is based on the Roundtable organized by the International Arbitration Institute (IAI) and the Max Planck Institute (MPI) Luxembourg for Procedural Law in April 2018. It was the first gathering of members of the European Court of Justice, judges of the International Court of Justice, EU Member State judges, distinguished arbitrators, representatives of arbitral institutions and academics convened at the aftermath of the recent Achmea ruling of the European Court of Justice.

Part I focuses on the existence of systemic conflicts and incompatibilities between international investment law and EU law. After providing an overview of various investment agreements, the author examines a variety of issues that may arise from the overlap of EU law and international investment law and arbitration. Part II deals with the issue of recourse to international arbitration as a means of settlement of disputes to which EU law may be applicable, in particular, four key issues that characterize the relationship of EU law with international investment arbitration in light of the recent ECJ judgment in Achmea. Part III is a comparison of the substantive standards of investment protection under EU law and international investment law. The volume also includes the proceedings of the animated debates that followed each session of the Roundtable. It is essential reading for all those (judges, arbitrators, lawyers and academics) confronted with the issues arising from the relationship between EU law and international investment law and arbitration.