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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

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 investment court system

In: The Law & Practice of International Courts and 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

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

withdrawal of eu Member States. Another consequence is that contracting parties may prefer to conclude agreements based on exclusive competence only, to avoid complications. The forthcoming Opinion 1/17 on the compatibility of the Investment Court System provided for in ceta will provide a clearer

In: International Organizations Law Review

whether the provisions of the eu -Canada Comprehensive Economic and Trade Agreement (‘ ceta ’) regarding the Investment Court System (‘ ics ’) are compatible with eu law. 21 Based on this previous case-law on the principle, it is possible that the cjeu would find that the fra or wa

In: International Organizations Law Review