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1 The Investment Court System Since 2015, the European Commission (EC) has been advocating the creation of an Investment Court System ( ICS ). 1 The establishment of this new dispute resolution mechanism is foreseen in the Comprehensive Economic Trade Agreement ( CETA ) 2 and in the EU

In: The Law & Practice of International Courts and Tribunals

concludes. These courts will eventually merge and lead to the establishment of a multilateral investment court system. 203 The eu initiative was officially presented to the us as part of their ongoing negotiations of the Transatlantic Trade and Investment Partnership (“ ttip ”). Had the us adopted the

In: Brill Research Perspectives in International Investment Law and Arbitration

concludes. These courts will eventually merge and lead to the establishment of a multilateral investment court system. 203 The eu initiative was officially presented to the us as part of their ongoing negotiations of the Transatlantic Trade and Investment Partnership (“ ttip ”). Had the us adopted the

In: International Investment Law and Arbitration

an assessment of the measures put forth by the European Union aimed at transforming the traditional investor-State arbitration system to an Investment Court System. An examination of the NAFTA re-negotiations is also presented, including the impact that CETA , a trade deal between the EU and

In: Principles of Evidence in Public International Law as Applied by Investor-State Tribunals

future eu investment negotiations by the Investment Court System. 5 Until now, the eu has failed to adequately factor in that, as things stand today, the European organization is not in a condition to set up any proper investment arbitration for its foreign direct investment competence. Even if the

In: The Law & Practice of International Courts and Tribunals

the Belgian government in a request for a European Court of Justice opinion on whether the investment court system ( ICS ) established in CETA is compatible with EU law. More specifically, an opinion is pending on whether appointing CETA members to the tribunal and the appeals body is consistent

In: The Law & Practice of International Courts and Tribunals

prospect. In the meantime, however, the EU has included a permanent bilateral investment court system in its most recent investment and free trade agreements, including the Comprehensive Economic and Trade Agreement between the EU and Canada ( CETA ), 80 the EU-Singapore Free Trade Agreement ( FTA ) 81

In: Brill Research Perspectives in International Investment Law and Arbitration

prospect. In the meantime, however, the EU has included a permanent bilateral investment court system in its most recent investment and free trade agreements, including the Comprehensive Economic and Trade Agreement between the EU and Canada ( CETA ), 80 the EU-Singapore Free Trade Agreement ( FTA ) 81

In: The Selection and Removal of Arbitrators in Investor-State Dispute Settlement

the alleged legitimacy concerns facing ISDS . 5 The EU first referred to the ITS as an “investment court system” ( ICS ) in its TTIP Proposal, supra note 1. The recently concluded EU-Singapore FTA also refers to the ITS as the ICS . 6 CETA , Art. 8.29; EU-Vietnam FTA , Art. 15. On

In: The Law & Practice of International Courts and Tribunals

successful example of the WTO dispute settlement system with its ad hoc panels and a small, but permanent Appellate Body has not been taken up in recent discussions about the reform of investor-state arbitration. The “Investment Court”-system contained in the proposals for CETA and TTIP is not yet

In: Brill Research Perspectives in International Investment Law and Arbitration