Københavns Universitet, Det Juridiske Fakultet

Investment Courts: Challenges and Perspectives

Dato og tid

Torsdag d. 1. februar 2018 kl. 08:30 til fredag d. 2. februar 2018 kl. 17:30


Tirsdag d. 30. januar 2018 kl. 12:00


Alf Ross auditorium, 3rd floor, room 9A-3-01
Njalsgade 76
2300 Copenhagen S


University of Copenhagen, Faculty of Law
+45 35333911

Conference Theme:

Investment disputes often concern society as a collective and direct stakeholder; especially in cases prompted by multinational companies conducting essential public services such as sanitation, energy production and distribution, or resource extraction. As disputes with far-reaching and direct implications on society have amassed, scholars have aimed at legitimizing the international settlement of investment disputes by, inter alia, shifting the ad hoc and arbitral focus of dispute settlement to a more permanent, institutionalized dispute settlement body.

Suggestions for the creation of permanent investment courts have been around for decades, but it is only recently that such suggestions may materialize into functioning investment courts. In particular, the European Commission has been pushing for a court-like mechanism to resolve investment disputes in several recent trade negotiations. Such a framework was included in the Free Trade Agreements (FTAs) that the European Union (EU) signed with Vietnam (EU – Vietnam FTA) and Canada (Comprehensive Economic and Trade Agreement (CETA)). While negotiations on the matter are currently at a political deadlock, the European Commission also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. More recently, parties to the EU – Singapore FTA have decided to renegotiate the dispute settlement provisions to include a similar court-like mechanism. In addition, all agreements mentioned above also include provisions that support the establishment of a multilateral investment court.

Will these developments actually lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change of adjudicatory mechanisms? Will they introduce a ‘hybrid’ system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? To address these questions, this conference will bring together leading scholars sharing a common interest in investment courts.

Time: 1-2 February 2018  
Place: University of Copenhagen, Faculty of Law, South Campus, Auditorium 9A-3-01, Njalsgade 76, DK-2300 Copenhagen S, Denmark 
Organizer: Organised by  The Danish National Research Foundation's Centre for Excellence for International Courts (iCourts)

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Kontaktinformationer til arrangør

University of Copenhagen, Faculty of Law
+45 35333911