EU Law in investment arbitration: a view from international arbitral tribunals

The conflict between international investment law and EU provides fruitful insights into how the arbitral tribunals, acting outside EU’s judicial system, have viewed law. Taking as an example topical questions of principle autonomy well State aid rules in investor-State arbitration, article discusses tribunals seen role they treated opposite demands from two legal regimes. claim rendering intra-EU treaties invalid has constantly proved unsuccessful, maintained their jurisdiction to be based on However, possibility affecting assessment merits cases is clearer more accepted. While harmonious interpretation could somewhat alleviate remaining conflicts regimes, it unlikely that either regime would compromise core elements systems. argues that, for specific nature order secured a way does not with law, relationship (investment) dispute settlement should clearly regulated instruments