This proposed regulation aims at clarifying the division of
competence for financial responsibility between the Union and Members States
when the Union or a Member State is sued by an non EU-investor in the context
of investor-state dispute settlement proceedings. Following the entry into
force of the Lisbon Treaty, foreign direct investment is included in the EU
common commercial policy.

Of particular importance is the Parliament’s acknowledgement
of the current uncertainty relating to the inclusion of investor-state dispute
settlement mechanisms in Treaties negotiated by the EU.

Laurence Burger, “The EU Parliament proposes a regulation for financial responsibility for EU-linked investor-state dispute settlement”, www.kluwerarbitrationblog.com, April 27, 2014.