Is there an inherent tension between the EU’s investment court system and the EU legal order?

As discussed in our previous blog posts here and here, the EU has introduced a new system to resolve disputes arising between investors and states which may herald the beginning of a move away from the traditional use of investor-state arbitration. In a recent article contributed to the Law Societies' Joint Brussels Office Newsletter, Vanessa Naish and Hannah Ambrose consider whether the EU's proposed multilateral investment court system is compatible (either practically or legally) with EU law. 

For more information, please contact Hannah Ambrose, Professional Support Consultant, Vanessa Naish, Professional Support Consultant or your usual Herbert Smith Freehills contact.

Hannah Ambrose
Hannah Ambrose
Professional Support Consultant
Email | Profile
+44 20 7466 7585
Vanessa Naish
Vanessa Naish
Professional Support Consultant
Email | Profile
+44 20 7466 2112

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Filed under EU, EU Law, Investment Arbitration, ISDS, Trade Agreements

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