The Participation of the European Commission as a Non-Party in Investment Treaty Disputes: an Appraisal of the Procedural Framework in Light of the Draft Regulation on Transitional Arrangements
Article from: TDM 2 (2013), in EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
Introduction
With the EU assuming competence for foreign direct investment under the Lisbon Treaty, the European Commission (EC) is now also seeking a wider role in investment disputes involving EU Member States. Against this background, we revisit the existing procedural law and practice relating to the participation of non-parties in investment treaty arbitration proceedings (section III.) before assessing whether the EC's latest ambitions "to participate in the procedure" can be reconciled with the existing procedural framework (section IV.).