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Journal Article

EU Investors versus EU States: International arbitration of investment disputes

Journal of Common Market Studies, Vol. 56(6), 1376-1393

Authors

  • Nunnenkamp
  • P.
  • Donaubauer
  • J.

Publication Date

DOI

10.1111/jcms.12748

JEL Classification

F53

Key Words

  • arbitration tribunals
  • biased arbitrators
  • intra-EU disputes
  • investor-state dispute settlement

Related Topics

Foreign Direct Investments European Union & Euro Europe

Recent information on investor-state dispute settlement, collected by UNCTAD, suggests that European investors are more litigious than non-European investors. Most of the intra-EU claims for financial compensation are directed at relatively poor respondent states in Central Europe. However, private investors win surprisingly few intra-EU disputes. The appointment bias of arbitrators and the composition of tribunals appear to matter for the outcome of investor-state dispute settlement.

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