Potential for confliction of investment arbitration in the EAEU legal order

Abstract

Despite the abundance of publications devoted to the EAEU legal order, the issues related to potential for confliction between the EAEU law and other branches of international law, in particular international investment law, remain insufficiently researched in the literature. The article highlights the risks of competing interpretations of the EAEU law carried out by both the EAEU Court and arbitral tribunals that settle disputes between investors from one EAEU member State and other members of the Union on the basis of EAEU law. This problem has shifted from a theoretical to a practical plane due to the appearance of the first investment arbitration awards interpreting the rules of the EAEU Treaty. This suggests that in the foreseeable future, the EAEU Court may find itself in a situation similar to the conflict between the CJEU and investment arbitration, which recently ended with the complete elimination of the possibility for arbitration of the so-called "intra-EU" disputes in the European Union legal order.

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