EU Member States have concluded approximately 1.400 IIAs with third (i.e. non-EU) countries and 190 IIAs with other EU Member States (Intra-EU BITs). These Intra-EU BITs have been the basis for investment disputes in multiple investor-state dispute settlement (ISDS) cases that are very controversial. Of roughly 140 cases instituted against EU Member States more than three quarters are Intra-EU disputes. While Intra-EU ISDS seems to become an attractive means of dispute resolution, the EU Commission is asking EU Member States to terminate their Intra-EU BITs arguing that they would not be in conformity with their EU Law obligations.
This conference seeks to address the EU, domestic and public international law issues raised in this context.
Yours sincerely,
Prof. Marc Bungenberg and Prof. August Reinisch