EU Law and International Investment Arbitration - IAI SERIES NO. 11
About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI.
About the Book:
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.
The International Arbitration Institute (IAI) is an organization established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It includes over 600 members around the world. For further details, see www.iaiparis.com.
The Max Planck Institute Luxembourg for Procedural law investigates modern tendencies in dispute resolution mechanisms, including arbitration, from the perspective of international, European and comparative procedural law. For further details, see www.mpi.lu/home/.
PDF of Title Page, TOC, and Introduction
Introduction...... Hélène Ruiz-Fabri and Emmanuel Gaillard
Part I - International Investment Law and EU Law: Are There Systemic Conflicts and Incompatibilities?
Report by Paschalis Paschalidis
Part II - Recourse to International Arbitration as a Means of Settlement of Disputes to which EU Law May Be Applicable
Part III - Substantive Standards of Investment Protection Under EU Law and International Investment Law
Annexes
EU Primary Law
Annex 1 - Consolidated version of the Treaty on the European Union, [2016] OJ C202/13 (excerpt)
Annex 3 - Charter of Fundamental Rights of the European Union, [2016] OJ C202/389 (excerpts)
International Instruments
Annex 7 - Energy Charter Treaty (excerpts)
ECJ Judgments
Annex 13 - European Court of Justice, Judgment, Slovak Republic v. Achmea, C–284/16, 6 March 2018
Other
EDITORS
Emmanuel Gaillard is a Visiting Professor of Law at Yale Law School and heads Shearman & Sterling’s International Arbitration Group. He is the President of the International Arbitration Institute (IAI).
Hélène Ruiz-Fabri is a Professor of Law at the Sorbonne Law School (University Paris 1 Panthéon-Sorbonne), currently on leave to head the Research Department of International Law and Dispute Resolution at the Max Planck Institute Luxembourg for Procedural Law of which she is also the Executive Director.
CONTRIBUTORS
Paschalis Paschalidis, Référendaire, European Court of Justice
Vassilios Skouris, Former President, European Court of Justice
Martins Paparinskis, Reader in Public International Law, University College London
EDITORS
Emmanuel Gaillard is a Visiting Professor of Law at Yale Law School and heads Shearman & Sterling’s International Arbitration Group. He is the President of the International Arbitration Institute (IAI).
Hélène Ruiz-Fabri is a Professor of Law at the Sorbonne Law School (University Paris 1 Panthéon-Sorbonne), currently on leave to head the Research Department of International Law and Dispute Resolution at the Max Planck Institute Luxembourg for Procedural Law of which she is also the Executive Director.
CONTRIBUTORS
Paschalis Paschalidis, Référendaire, European Court of Justice
Vassilios Skouris, Former President, European Court of Justice
Martins Paparinskis, Reader in Public International Law, University College London
PDF of Title Page, TOC, and Introduction
Introduction...... Hélène Ruiz-Fabri and Emmanuel Gaillard
Part I - International Investment Law and EU Law: Are There Systemic Conflicts and Incompatibilities?
Report by Paschalis Paschalidis
Part II - Recourse to International Arbitration as a Means of Settlement of Disputes to which EU Law May Be Applicable
Part III - Substantive Standards of Investment Protection Under EU Law and International Investment Law
Annexes
EU Primary Law
Annex 1 - Consolidated version of the Treaty on the European Union, [2016] OJ C202/13 (excerpt)
Annex 3 - Charter of Fundamental Rights of the European Union, [2016] OJ C202/389 (excerpts)
International Instruments
Annex 7 - Energy Charter Treaty (excerpts)
ECJ Judgments
Annex 13 - European Court of Justice, Judgment, Slovak Republic v. Achmea, C–284/16, 6 March 2018
Other