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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

Options Regarding the Institutionalization of Investor-State Dispute Settlement

  • Marc Bungenberg
  • August Reinisch
Book

Part of the European Yearbook of International Economic Law book series (EUROYEAR)

Also part of the Special Issue book sub series (Spec. Issue)

Table of contents

  1. Front Matter
    Pages i-xiv
  2. Marc Bungenberg, August Reinisch
    Pages 1-7
  3. Marc Bungenberg, August Reinisch
    Pages 9-13
  4. Marc Bungenberg, August Reinisch
    Pages 15-23
  5. Marc Bungenberg, August Reinisch
    Pages 25-107
  6. Marc Bungenberg, August Reinisch
    Pages 109-140
  7. Marc Bungenberg, August Reinisch
    Pages 141-146
  8. Marc Bungenberg, August Reinisch
    Pages 147-165

About this book

Introduction

This 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.

Keywords

Bilateral Arbitral Tribunals Investment Courts Multilateral Investment Courts Investor-State Dispute Settlement UNCITRAL

Authors and affiliations

  • Marc Bungenberg
    • 1
  • August Reinisch
    • 2
  1. 1.Faculty of LawSaarland UniversitySaarbrückenGermany
  2. 2.University of ViennaWienAustria

Bibliographic information