El derecho de los tratados en el arbitraje de inversión intra-Unión Europea

Abstract

This article addresses certain issues of public international law arising in the realm of intra-EU investment treaty arbitration. That is, when an investor with the nationality of a Member State of the European Union initiates Investor-State arbitration proceedings against another Member State. The Court of Justice of the European Union ruled recently that Intra-EU investment treaty arbitrations are incompatiblewith EU Law. This reinforced the arguments advanced by Member States when objecting the jurisdiction of investment treaty tribunals in charge of settling disputes lodged against them, especially under the arbitration clause of the Energy Charter Treaty. When dealing with these objections, arbitrators apply the provisions of the Vienna Convention on the Law of Treaties. The article thus describes the role of some of those provisions in Intra-EU investment treaty arbitration.