Abstract
With judicialization of ISDS as a hallmark of the EU investment policy and its proposal for the multilateralization of the investment court system, ISDS reform is increasingly associated with challenges arising from the multiplication of international tribunals and judicial dialogue. This includes challenges concerning the relation between the investment court system and the EU judicial system. In particular, the main feature regarding the compatibility of the CETA ICS with the autonomy of the EU legal order is the ISDS disconnection from EU Law and its judicial system. As a result, in Opinion 1/17 the CJEU has considered that the safeguards embodied in CETA rules and procedures are sufficient guarantee to the autonomy of the EU legal order, but the need of judicial dialogue with CETA Tribunals has been dismissed. Nevertheless, taking into account the possible outcome of the ongoing process of ISDS reform at the UNCITRAL and the current trend towards judicialization of international adjudication, new legal approaches may become necessary for the promotion of judicial dialogue and cooperation between the CJEU and other international jurisdictional structures.
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