Both tax arbitration and investor – state dispute settlement (ISDS) operate in a prima facie similar environment of public law, both domestic and international, and both use instruments of dispute resolution that are typical for private mechanisms. This article examines and compares both systems with a particular focus on the concept of consent to arbitration, the waiver of sovereignty, the definition of the subject matter, the role of the tribunals within the framework of EU law, and the procedural aspects of arbitration.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management