This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
The EU is aiming for a Multilateral Investment Court (MIC) to replace the existing investment arbitration system.
New International Tribunals and New International Proceedings
475 (July 2017) Berger A, Busse M, Nunnenkamp P, Roy M (2011) More stringent BITs, less ambiguous effects on FDI? Not a BIT! Econ Lett 112:270–272 Berger A, Busse M, Nunnenkamp P, Roy M (2013) Do trade and investment agreements lead to ...
This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT’s relevance to and impact on investment ...
Marc Bungenberg. Protocol). Furthermore, according to the wording of Article 10(b) 2005 Protocol, natural and legal persons are not authorised to bring actions for annulment which can be brought by a member state, the Council of ...
This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Darüber hinaus wird die Auswahl und Ernennung der Richter diskutiert. Neben der Struktur und den Verfahren des Gerichts stellen sich auch Fragen der Implementierung. Wie kann der MIC in das bestehende ISDS-System integriert werden?
This book is the first commentary on international arbitration in Italy ever written in English.
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII.