The impact of the European Commission's Amicus Curiae participation in ICSID investment arbitration

This thesis examines the impact of the European Commission's amicus curiae interventions in ICSID investment arbitration. Amicus curiae, meaning "friend of the court," refers to individuals or organizations that assist the court or arbitral tribunal by providing impartial and expert opinions. The thesis addresses the legal and practical consequences of the European Commission's involvement as an amicus curiae in intra-EU investment disputes. The thesis analyzes how the Commission's interventions play a role in resolving intra-EU investment disputes and aims to integrate EU law into international investment arbitration. The European Commission argues that investor-state dispute resolution provisions in intra-EU investment agreements are invalid, starting with the Eastern Sugar case in 2006 and continuing with significant cases such as Electrabel v. Hungary. Additionally, the ECJ's Achmea and Komstroy rulings emphasize the supremacy of EU law by invalidating the jurisdiction of intra-EU investment arbitration tribunals. The research employs document analysis and comparative analysis methods. The thesis evaluates the legal and economic impacts of the Commission's amicus curiae interventions on ICSID investment arbitration and examines the arbitral tribunals' responses to these interventions. Specifically, it offers recommendations for reducing legal uncertainties and enhancing the applicability of EU law in intra-EU investment arbitration processes. In conclusion, the European Commission's amicus curiae interventions in the ICSID investment arbitration mechanism are seen as part of a strategy to ensure the supremacy of EU law in intra-EU disputes. These interventions contribute to making intra-EU investment arbitration processes more transparent and predictable but also lead to legal conflicts and uncertainties in investment flows between international investors and EU member states. Therefore, there is a need for clearer and more precise legal regulations and the development of effective mechanisms to protect the rights of international investors.