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CJEU’s Opinion on the UE Competence to Conclude Treaties with Regard to Dispute Settlement Between Investors and Host States


On 16 May 2017, the Court of Justice of the European Union (“Court”) issued an opinion 2/15 deciding the question whether the EU has an exclusive competence to conclude free trade agreement with Singapore (EUSFTA). The Court held that EUSFTA cannot, in its current form, be concluded by the EU alone, because provisions on non-direct foreign investment and the regime governing dispute settlement between investors and States fall within the competences shared between the EU and the Member States. The opinion may have important consequences for the future of investment arbitration. More

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