Article on Intra EU BITs and the threat of infringement procedure

Arbitration in Hungary author, Andras Daniel Laszlo, published an article in the 2016/6 issue of Európai Jog. The article examines the interplay of international law and EU law in the case of intra EU BITs by analyzing the position of the European Commission as reflected in arbitration awards, and assesses the chances of an infringement procedure against the participating members states on the basis of EU law. The author argues that the enforcement of mandatory EU rules in the case of arbitration based on intra EU BITs is almost always ensured. On the other hand, the outcome of an infringement procedure is uncertain. Therefore, the European Commission should rather use its resources to ensure the same level of protection in EU law as the protection enjoyed by certain investors under intra EU BITs, and to further any necessary reform of the existing investment arbitration regimes, rather then dismantling the system of investment arbitration within the Union.

A copy of the article in Hungarian is available here: Intra EU BIT Europai Jog 2015_6

 

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