EU Investors versus EU States: International Arbitration of Investment Disputes

Recent information on investor‐state dispute settlement, collected by UNCTAD, suggests that European investors are more litigious than non‐European investors. Most of the intra‐EU claims for financial compensation are directed at relatively poor respondent states in Central Europe. However, private investors win surprisingly few intra‐EU disputes. The appointment bias of arbitrators and the composition of tribunals appear to matter for the outcome of investor‐state dispute settlement.