A worldwide revolt against investment (or investor-State) arbitration is raging. The criticism may well be the strongest in the EU. Indeed, the Union has gone to great lengths to eliminate investor-State arbitration within its borders. While it is perhaps trite to observe that it has ultimately succeeded in this endeavor, there are still many open questions. One such query concerns the rule of law. This article examines, from the rule of law perspective, the impact of the EU’s approach towards investment arbitration on individual investors.
