Investor-state arbitration under TTIP: Resolving investment disputes in an (autonomous) EU legal order

Abstract:

The prospect of inclusion of the investment-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP), gave rise to heated debate and strong criticism in many EU countries. The initially much polarised either-or discussion has recently gained a more nuanced tone with Trade Commissioner’s Cecilia Malmström’s opening up for a reform of ISDS.

In this report, Hannes Lenk analyses the systemic challenges of inclusion of ISDS provisions in the TTIP, and their compatibility with the principle of autonomy in the EU legal order. The author argues that the risk of incompatibility of the ISDS framework can be alleviated by innovative drafting of the relevant provisions.