Responsibility in investor-state arbitration in the EU: Managing financial responsibility linked to investor-state dispute settlement tribunals established by EU’s international investment agreements

This Study analyses the European Commission’s proposal to manage payment burdens and representation responsibilities in investor-state arbitration. The study specifically addresses the Proposal for a Regulation of the European Parliament and of the Council ‘establishing a framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international investment agreements to which the European Union is a party’. This proposal provides a set of rules for managing the distribution of payment of costs and awards in investor-state dispute claims established under an international investment agreement of the European Union.