Mixed Exclusivity: The CJEU’S Opinion on the EU-Singapore FTA - European Investment Law and Arbitration Review View Mixed Exclusivity: The CJEU’S Opinion on the EU-Singapore FTA by - European Investment Law and Arbitration Review Mixed Exclusivity: The CJEU’S Opinion on the EU-Singapore FTA 2 1

This contribution discusses the main conclusions of the CJEU’S Opinion on the EU-Singapore FTA and its impact on the EU’S investment policy. The CJEU opined that some elements, in particular non-foreign direct investments, the dispute settlement and transparency provisions, are of mixed competence, which requires the ratification by the EU and all Member States. This in turn raises several more general questions as to the future shape and form of the EU’S investment policy. It also discusses the potential impact on the dispute settlement architecture for Brexit. The author concludes that more decisions by the CJEU are necessary to clarify all outstanding issues. In the meantime, the EU’S investment policy will remain a complicated, cumbersome and highly politicized process.

European Investment Law and Arbitration Review