Le procedure arbitrali di risoluzione delle controversie tra investitore straniero e Stato

The aim of this work is to analyze the newly developed of the Investors-State Dispute Settlement in international agreements on trade and investment and to identify the problematic profiles of the ISDS with reference to the decision capability of the States both at political and deliberative level. The Court of Justice of the European Union “Achmea” established that the arbitration clauses contained in investment agreements are incompatible with EU law, but some tribunals have maintained jurisdiction over intra-EU claims under bilateral and multilateral investment treaty.