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Ratification Saga: The Demise of ISDS in EU Trade Agreements?’ Arizona Legal Studies Discussion Paper No 17–10 < https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2974439 > accessed 22 May 2018. 3 See August Reinisch, ‘Will the EU’s Proposal Concerning an Investment Court System for CETA and TTIP Lead to

In: The Journal of World Investment & Trade

publicly appointed, independent professional judges in public hearings” 5 and introduced the new “Investment Court System” in recent trade pacts such as the Comprehensive Economic and Trade Agreement (CETA). 6 As promising as these new developments are, however, much of the discourse on the legitimacy

In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 36, (2018)

much room for interpretation and possible abuse, and the lack of transparency. … My assessment of the traditional ISDS system has been clear—it is not fit for purpose in the 21st century. 21 Among other things, she proposed to move toward an international investment court system in lieu of one

In: The Journal of World Investment & Trade

resulted in two resolutions being adopted by the pa . In the first resolution the pa “stresses that isds has serious implications for human rights, the rule of law, democracy and national sovereignty, which the proposed Investment Court System ( ics ) is intended to address […].” 23 In the second

In: Investor – State Arbitration and Human Rights

investor-state disputes. 11 This idea is quite similar to the current proposals of the European Commission to establish an investment court system. 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

In: The Journal of World Investment & Trade

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 ‘investment court system’, which as we shall see, was reflected for the first time in the EU ’s FTA with Canada. Designed

In: The Journal of World Investment & Trade

bilateral investment agreements (‘ BIT s’) or, more generally, international investment treaties (‘ IIT s’) – with a new Investment Court System (‘ ICS ’), this new solution being capable of undermining most of the assumptions on which the previous mechanism was founded. In addition, the European Commission

In: General Principles of Law and International Investment Arbitration

investment court system’ 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

In: The Journal of World Investment & Trade

an Investment Court System 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 Investment Court System: Addressing

In: The Chinese Journal of Global Governance

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 Investment Court System, designed recently by the European Union ( EU ) to replace all investment dispute

In: The Journal of World Investment & Trade