EU continues efforts toward establishing multilateral investment court, despite sharp criticism

Beyond advancing its Investment Court System (ICS) proposal in bilateral negotiations, the European Union continues its efforts toward establishing a multilateral investment court (MIC). On September 13, 2017, the Commission released a recommendation that, if adopted by the Council, would give the European Commission the required mandate to negotiate a convention to create an MIC.

The German Association of Judges (known by its German acronym, DRB)—which had already rejected the EU ICS proposal in February 2016—asked the German government to deny such a mandate. In its Opinion 21/17 of November 2017 (available in the German original and in an unofficial English translation), the association presented sharp criticism of the EU MIC proposal. Several civil society organizations have also voiced serious concerns regarding the proposal.