Investment tribunals vis-à-vis national courts: Lessons on judicial dialogue from the EU

Urszula Jaremba, Giancarlo Piscitelli

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

As the relationship between investor-state tribunals and national courts becomes increasingly tense, the urge grows to redefine the conceptual basis and architecture of this relationship. Questions of a constitutional nature come before investor-state tribunals and domestic courts alike, often simultaneously and leaving the door open to conflicting outcomes. Illustrating the most salient cases on this conflictual relationship, this chapter borrows from the European tradition on judicial dialogue between the CJEU and national courts of EU member states, with the aim to articulate (practical) solutions to facilitate judicial dialogue - and so mitigate the constitutional tensions - between investor-state tribunals and national courts.
Original languageEnglish
Title of host publicationThe EU and the Rule of Law in International Economic Relations An Agenda for an Enhanced Dialogue
EditorsAndrea Biondi , Giorgia Sangiuolo
PublisherEdward Elgar Publishing
Chapter4
Pages69-87
Number of pages19
ISBN (Print)978 1 83910 334 6
DOIs
Publication statusPublished - 2021

Keywords

  • EU law
  • judicial dialogue
  • investment tribunals
  • preliminary ruling procedure

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