Central European Perspectives on Investor-State Arbitration: Practical Experiences and Theoretical Concerns

Abstract

The paper presents the experiences of Central Europe with investment arbitration. The European Union’s Central European member states are the litmus test of the policy issues within the investor-state arbitration system. The paper explores the Central European treaty and policy landscape and analyzes investment protection issues pertaining to the region (intra-EU bilateral investment treaties, non-expropriation cases concerning national regulatory sovereignty, the fairness of national court or administrative proceedings and the exercise of contractual rights).

Keywords: Central Europe, Intra-EU BITs, Investment Arbitration, Regulatory Sovereignty

JEL Classification: K33, K49