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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court: Options Regarding the Institutionalization of Investor-State Dispute Settlement

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court: Options Regarding the Institutionalization of Investor-State Dispute Settlement

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court: Options Regarding the Institutionalization of Investor-State Dispute Settlement

Author: Marc Bungenberg; August Reinisch
Publisher: Springer-Verlag
ISBN: 9783030011888

Published In: November 2018
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9783030131654

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Description
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This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

Executive Summary

Introduction

Targets for the Reorganization of the Investment Protection Regime

Design and Implementation of a Two-Tiered MIC

Applicable Law

Pronoucement of Decisions and Consequences

Recognition and Enforcement of Awards

Possibilities for the Establishment of an MIC and a Possible Connection to Existing Institutions and System Conformity

Pure Appelate Body/Pur Appeal Mechanism - "Multilateral Investment Appeals Mechanism".

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