A New Toy: Will the Establishment of a Multilateral Investment Court Weaken Investment Protection?

Abstract The European Union plans to establish a Multilateral Investment Court (MIC) as spart of its ongoing reforms of investment law, aimed at strengthening states’ and EU regulatory power at the expense of investment protection. A MIC will be a plurilateral rather than a multilateral endeavour, confined to a group of like-minded states (and the EU itself), at least in the foreseeable future. This article attempts to answer the question whether the establishment of a MIC will really contribute to strengthening states vis-à-vis investors. To answer this question, I compare MIC with other international courts (Court of Justice of the EU, European Court of Human Rights, International Court of Justice). I then analyse the MIC institutional-procedural framework. Finally, I theorise on strategic behaviour and incentives of MIC adjudicators. All these considerations show that MIC may rather become an instrument of strengthening investment protection than its weakening.

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Publication Details

Journal
The Journal of World Investment & Trade
Published
2025-09-29
DOI
https://doi.org/10.1163/22119000-12340384
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

A New Toy: Will the Establishment of a Multilateral Investment Court Weaken Investment Protection?

Paweł Marcisz
The Journal of World Investment & Trade
International Arbitration and Investment Law
article

A New Toy: Will the Establishment of a Multilateral Investment Court Weaken Investment Protection?

Paweł Marcisz
article en

Abstract

Abstract The European Union plans to establish a Multilateral Investment Court (MIC) as spart of its ongoing reforms of investment law, aimed at strengthening states’ and EU regulatory power at the expense of investment protection. A MIC will be a plurilateral rather than a multilateral endeavour, confined to a group of like-minded states (and the EU itself), at least in the foreseeable future. This article attempts to answer the question whether the establishment of a MIC will really contribute to strengthening states vis-à-vis investors. To answer this question, I compare MIC with other international courts (Court of Justice of the EU, European Court of Human Rights, International Court of Justice). I then analyse the MIC institutional-procedural framework. Finally, I theorise on strategic behaviour and incentives of MIC adjudicators. All these considerations show that MIC may rather become an instrument of strengthening investment protection than its weakening.

The Journal of World Investment & Trade
Warsaw University of Technology (PL), University of Warsaw (PL)
Openalex Percentile: Top 58%
International Arbitration and Investment Law
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