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oapen-20.500.12657-230892024-03-22T19:23:38Z From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court Bungenberg, Marc Reinisch, August Law Mediation Dispute resolution (Law) Conflict management International law Trade International law thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions. 2020-03-18 13:36:15 2020-04-01T09:02:52Z 2020-04-01T09:02:52Z 2020 book 1007069 http://library.oapen.org/handle/20.500.12657/23089 eng European Yearbook of International Economic Law application/pdf n/a 1007069.pdf https://www.springer.com/9783662597323 Springer Nature 10.1007/978-3-662-59732-3 10.1007/978-3-662-59732-3 6c6992af-b843-4f46-859c-f6e9998e40d5 222 Berlin, Heidelberg open access
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This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
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