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@inproceedings{1338759,
author = {Švec, Martin},
address = {Brno},
booktitle = {Cofola International 2015: Current Challenges to Resolution of International (Cross-border) Disputes: Conference Proceedings},
edition = {1},
editor = {Klára Drličková},
keywords = {The Treaty of Lisbon; International Investment Arbitration; dispute resolution; International Investment Agreements; European Union},
howpublished = {tištěná verze "print"},
language = {eng},
location = {Brno},
isbn = {978-80-210-8020-1},
pages = {206-218},
publisher = {Masarykova univerzita},
title = {International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements},
url = {http://www.law.muni.cz/sborniky/cofola-international/cofola2015.pdf},
year = {2015}
}
TY - JOUR
ID - 1338759
AU - Švec, Martin
PY - 2015
TI - International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements
PB - Masarykova univerzita
CY - Brno
SN - 9788021080201
KW - The Treaty of Lisbon
KW - International Investment Arbitration
KW - dispute resolution
KW - International Investment Agreements
KW - European Union
UR - http://www.law.muni.cz/sborniky/cofola-international/cofola2015.pdf
L2 - http://www.law.muni.cz/sborniky/cofola-international/cofola2015.pdf
N2 - The Treaty of Lisbon conferred new exclusive competence in the field of foreign direct investments on the European Union. It seems that 50-year-old fragmented system of investment law, based on bilateral investment treaties, took a new direction towards a comprehensive European international investment policy. Popularity and efficiency of international investment agreements derive mainly from the concept of investor-state dispute resolution (investment arbitration). New competences of the EU significantly impact on the resolution of disputes. This paper is focused on the role of both Commission and member states in arbitral proceedings. It analyses a new framework for managing financial responsibility when the investment agreement to which the European Union is party is breached. The Paper reveals that arbitration under European IIAs raise questions of responsibility and attribution. In order to prevent this uncertainty the character of European IIAs has to be clarified. Moreover, a division of responsibility included in the Regulation should be implemented into the IIAs.
ER -
ŠVEC, Martin. International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements. In Klára Drličková. \textit{Cofola International 2015: Current Challenges to Resolution of International (Cross-border) Disputes: Conference Proceedings}. 1st ed. Brno: Masarykova univerzita, 2015, p.~206-218. ISBN~978-80-210-8020-1.
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