investor-state disputes. 11 This idea is quite similar to the current proposals of the European Commission to establish an investmentcourtsystem. 12
However, the process of regionalization has led to more complexity in the puzzle of IIAs in Africa. Despite several innovative efforts, one cannot deny
TTIP Reform Proposal)’. It contains a ‘novel two-tier settlement mechanism for investment disputes, combining elements of traditional ISA with judicial features’, 12 and an ‘investmentcourtsystem’, which as we shall see, was reflected for the first time in the EU ’s FTA with Canada. Designed
‘investmentcourtsystem’ of which an appellate mechanism would be a part. 14 Following the EU’s TTIP proposal, where negotiations have not concluded, the new EU investment tribunal model has found its way into the EU-Vietnam FTA, the negotiations for which were concluded in January 2016, 15 and, more
investors and investments entitled to this mechanism, and conditions for submission of claims including time limits. For example, Section 3, Chapter 8 of the EVFTA includes key provisions of the new InvestmentCourtSystem, designed recently by the European Union ( EU ) to replace all investment dispute
an InvestmentCourtSystem for CETA and TTIP Lead to Enforceable Awards?—The Limits of Modifying the ICSID Convention and the Nature of Investment Arbitration, (2016)19–4 Journal of International Economic Law , 761–786; Freya Baetens, The European Union’s Proposed InvestmentCourtSystem: Addressing
some form of ISDS exists, but only if there is a systemic overhaul to many of the features that are central to how ISDS currently operates. The EU’s proposal for a multilateral court of first instance and appellate review is a key example, and is virtually identical to the investmentcourtsystem
investmentcourtsystem, as opposed to traditional investor-state arbitration, that exemplified by its recent commitment to the establishment of a multilateral investment court. 38 Arguably, the the EU -Japan Economic Partnership Agreement ( EPA ) is becoming a testing ground for future EU trade and
submissions leading to a substantial shift in EU investment policy as articulated in the 2015 ‘Trade for All’-policy and the subsequent investmentcourtsystem proposed under the TTIP and its adoption in the CETA and the EU–Vietnam FTA. Some commentators argue that the concerns raised in the public
prospect. In the meantime, however, the EU has included a permanent bilateral investmentcourtsystem 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
the alleged legitimacy concerns facing ISDS .
5 The EU first referred to the ITS as an “investmentcourtsystem” ( 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