CYIL vol. 12 (2021)

Miriama Kiselyova CYIL 12 (2021) that clear action will be required in order to put intra EU investment arbitration under the ECT to an end. The Court in the Komstroy judgment did not explicitly affect the validity of investment arbitration outside the EU and the Court’s analysis in AVIS 1/17 confirms that indeed it is indeed possible to conclude international agreements with investment dispute settlements with third countries. However, the successful modernisation of the ECT will be decisive for the extra EU investment arbitration under the ECT, since the voices for withdrawal are rather audible. Despite this evolution, the investors in the EU do not have reason to complain about decreased protection. It is clear from the commitments, actions and statements of the European Commission that further measures for investment protection/ facilitation are on the way.

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