Shilpa Singh Jaswant, LLM (Hamburg) The proposed investment court system by the European Commission aims to limit criticism revolved around Investor-State Dispute Settlement due to its lack of legitimacy, transparency and appellate mechanism. The investment regime under Comprehensive Economic and Trade Agreement with Canada (hereinafter “CETA”) and European Union-Viet Nam Free Trade Agreement (hereinafter “EUVFTA”)… Read More A New And Improved Investment Protection Regime: Truth Or Myth!
by Nikos Lavranos, Secretary General of EFILA The anti-CETA/TTIP campaign is reaching its climax. After the anti-ISDS NGOs have managed to bring the TTIP-negotiations to halt – at least it has now been officially admitted that the negotiations cannot be concluded in 2016 and it remains unclear whether, and if so, how long the negotiations… Read More The Provisional Application of CETA is Coming Close
Sophie Nappert, 3 Verulam Buildings Nikos Lavranos, EFILA “Reproduced from Practical Law with the permission of the publishers. For further information visit www.practicallaw.com or call 020 7542 6664.” Investor-state dispute settlement (ISDS) is an international arbitration mechanism that allows an investor from one country to bring arbitral proceedings directly against the state in which it has… Read More Brexit: Implications for the EU Reform of Investor-State Dispute Settlement
by Tabe van Hoolwerff* Imagine, you are an EU trade minister and you want to attract foreign investors by offering a stable investment climate. At the same time, you also want to avoid potential claims arising from government measures that seek to protect the environment or labor standards – a fear your non-business stakeholders have been… Read More Avoiding ISDS: National Contact Points for Investor Guidelines and Mediation
by Emma Spiteri-Gonzi* Anyone with an interest in European investment and trade will undoubtedly have heard of the EU-US TTIP or, to use its full name, the Transatlantic Trade and Investment Partnership. Naturally, this makes sense as the US is the EU’s top trading partner and a trade agreement of this significance would unquestionably make… Read More A BIT-By-BIT Understanding of the EU’s Present & Future Investment Agreements
by Prof. Loukas Mistelis, QMUL* The Transatlantic Trade and Investment Partnership (TTIP) and, in particular, its Investor-State Dispute Settlement provisions (ISDS) have been the focal point of an intense and polarising debate within the EU. Opponents of TTIP, on the one hand, reject the very idea of a new multilateral trade and investment agreement and… Read More ISDS in TPP and TTIP Negotiations – Lessons for the EU
by Pawel Sikora, Kubas Kos Gałkowski It is beyond any doubts that the ongoing procedure of negotiating Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the United States of America (US) raises essential controversies among the EU member states societies. However, it is not the first time such controversies occur, as just… Read More The Polish Government’s Standpoint on ISDS Inclusion in the Scope of TTIP