Linklaters contributes to the third edition of the Investor-State Arbitration 2021 – International Comparative Legal Guide

Our Dispute Resolution team has contributed a chapter on EU Investment Protection to the third edition of the Investor-State Arbitration 2021 – International Comparative Legal Guide which provides cross-border insights into Investor-State arbitration law.

Investment protection in the EU is going through turbulent times. The regimes for investment treaties concluded by the EU with third countries (“extra-EU investment protection”) and for investment treaties concluded by EU Member States amongst themselves (“intra-EU investment protection”) are drifting apart, while both are undergoing significant changes. The Commission is also reviewing the substantive and procedural protections offered to investors under EU law. Our chapter explores all of these key areas as well as setting out a few key developments influencing the future relationship between investment protection and EU law, including Brexit, efforts to modernise the Energy Charter Treaty (“ECT”) while the EU is facing its first ever ECT claim, and plans for a Multilateral Investment Court (“MIC”).

Co-authors are Gerard Meijer (Amsterdam), Kirstin Schwedt (Frankfurt) and Xavier Taton (Brussels).

Our contribution to the ICLG Investor-State Arbitration 2021 – International Comparative Legal Guide can be accessed here.