Fragmentation in International Investment Law

This article focuses on fragmentation within international investment law. The problem of fragmentation acquires real significance when investor-State tribunals exceed the scope of their jurisdiction, when they reach conflicting outcomes on the merits of similar disputes, or when the relevant actors perceive them to do so. Professor George Bermann, of course, is no stranger to the issue fragmentation. His writings show particular interest in fragmentation as the “co-existence of multiple international legal regimes whose competences overlap and whose policies may differ, resulting in a degree of regulatory disorder”. Recently, he engaged with fragmentation in the context of investment arbitration and EU law in the wake of the CJEU’s Achmea ruling