Any
of the High Contracting Parties may at any time declare that it recognizes as
compulsory «ipso facto» and without special agreement the
jurisdiction of the
Court in all matters concerning the interpretation and application
of the present Convention.
Without entering into the points as to whether investment tribunals are established by law, are permanent, have
compulsory jurisdiction and are impartial, applying rules
of law, it seems that the AG neglects in his analysis an essential characteristic
of the test established in Article 267 TFEU, namely that it must be a
Court or Tribunal «
of a Member State».