Journal Article

EU Investors versus EU States: International arbitration of investment disputes

Journal of Common Market Studies, Vol. 56(6), 1376-1393

Recent information on investor-state dispute settlement, collected by UNCTAD, suggests that European investors are more litigious than non-European investors. Most of the intra-EU claims for financial compensation are directed at relatively poor respondent states in Central Europe. However, private investors win surprisingly few intra-EU disputes. The appointment bias of arbitrators and the composition of tribunals appear to matter for the outcome of investor-state dispute settlement.


Peter Nunnenkamp
Julian Donaubauer