Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...

The paper provides an analysis of the EU's emerging approach to Investor-State Dispute Settlement (ISDS), drawing on documents of the main EU actors (Commission, European Parliament, Council) as well as draft negotiated texts and negotiating directives. It situates the EU's debates in the...

In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...

The five contributions in this legal working paper discuss various aspects of investment arbitration. They were originally presented at the ECB legal colloquium on ‘The new challenges raised by investment arbitration for the EU legal order’ which took place in Frankfurt am Main in 2019.

The rapid development of IT technologies in the last fewdecades has also created increasing number of cross-border disputes. This trend is affected by the fact, that there are no border lines thatwe can find in the realworld. Different lawsystems have to deal with the existence of this new, on...

Although all legal systems use some form of prejudgment or post-judgment interest, there is no substantive law & economics literature providing for a comprehensive theory on the impact, functioning and assessment of the judicial interest rate. Mainstream legal scholarship has usually dealt with...