Moving Away from Investment Arbitration within the European Union
Moving Away from Investment Arbitration within the European Union

Author(s): Szymon Zaręba
Subject(s): Politics, Economic policy, International relations/trade, EU-Accession / EU-DEvelopment
Published by: PISM Polski Instytut Spraw Międzynarodowych
Keywords: EU; investment arbitration; moving away; Court of Justice;
Summary/Abstract: The September and October 2021 rulings of the Court of Justice of the EU indicate that the court is consistently aiming to put an end to the practice of arbitration proceedings between EU investors and Member States. Like the European Commission, it considers the practice to be contrary to EU law. Its rulings create an opportunity to limit compensation payments to EU investors by Member States, including Poland. However, the Commission will strive to create alternative solutions to protect foreign investments.

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