FRIEND OR FOE? REVIEWING THE EUROPEAN COMMISSION’S OUTING AS AN AMICUS CURIAE IN ELECTRABEL V. REPUBLIC OF HUNGARY

Resumen

This article seeks to analyze the European Commission’s outings as an Amicus Curiae in investment arbitration proceedings. At first, a historical contextualization of Amici Curiae participation developments will be made, with a particular focus on the ICSID Tribunal, followed by an extensive analysis of the Commission’s involvement in the Electrabel S.A. v. Republic of Hungary case. The case will be employed to reflect the distinctive features of the Commission’s participation compared to conventional Amicus Curiae features in ICSID proceedings. Pursuant to this case, the Article shall also explore the possible implications of the Commission’s behavior in investment-arbitration, while also delving into the prospects of the European Union’s overall stance regarding the current investor-State dispute settlement system.