Can The European Union’s Approach towards Intra-EU Investment Arbitration Cases Be Considered Merely a Local Standard of Annulment?

The last decade was not easy for investment arbitration in general, but it faced particular difficulties within the European Union (‘EU’). In recent years, the European Commission has pursued (with success) eradication of this form of international dispute settlement mechanism between foreign investors from one EU Member State and an EU Member State (host state), the basic premise being that the EU is an autonomous legal order with its own independent judicial system (i.e., the Court of Justice of the European Union (‘CJEU’)) has the final (and only) say when it comes to questions of EU law).

This blog post calls for a reflection (below) on whether the EU approach (as formulated by the European Court of Justice and followed by the European courts) should be given any deference on the international level or is rather a local anomaly.