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The EU Investment Court System and Its Resemblance to the WTO Appellate Body
2020This chapter analyses the alternative scenarios of how a multilateral investment court could come about, including an assessment of existing international frameworks that are likely to host that institution (e.g. the WTO, OECD, ICSID and UNCITRAL). The author argues that the EU’s active engagement in the field could fall victim to its own success – if ...
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Hold on to Your Hat! Issue Conflicts in the Investment Court System
The Law & Practice of International Courts and Tribunals, 2018Abstract Since 2015, the European Commission (EC) has been advocating the establishment of an investment court system (ICS). A key aspect of the proposal is the creation of the strictest ethical standards ever seen in the field of investor-state arbitration. The exercise of functions as an arbitrator does not traditionally require exclusivity, and many
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SSRN Electronic Journal, 2018
Czech Abstrakt: System řeseni investicnich sporů založený na investicni arbitraži zname jako řeseni sporů investor-stat (ISDS) je předmětem znacne kritiky, zvlastě v kontextu regionalnich obchodnich a investicnich vyjednavani. V roce 2015 se Evropska unie po veřejne konzultaci a diskuzi unijnich instituci v kontextu vyjednavani o Transatlantickem ...
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Czech Abstrakt: System řeseni investicnich sporů založený na investicni arbitraži zname jako řeseni sporů investor-stat (ISDS) je předmětem znacne kritiky, zvlastě v kontextu regionalnich obchodnich a investicnich vyjednavani. V roce 2015 se Evropska unie po veřejne konzultaci a diskuzi unijnich instituci v kontextu vyjednavani o Transatlantickem ...
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Implementation Issues of Investor-State Arbitration: The Move to the Investment Court System in CETA
SSRN Electronic Journal, 2018This thesis examines the implementation issues that the CETA investor-state court system could be experiencing in the future. The investor-state chapter of the agreement between the European Union and Canada relies on the already existing ICSID and New York Convention framework for procedures and implementation.
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Journal of World Trade, 2018
The EU has engaged in a large-scale global reform by proposing an investment court system as a means to address concerns about ISDS. The new proposal will certainly have certain impact on Asian countries in their FTA negotiations with the EU. This article analyses the key features of the investment court system, looking mainly at the CETA, EU-Vietnam ...
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The EU has engaged in a large-scale global reform by proposing an investment court system as a means to address concerns about ISDS. The new proposal will certainly have certain impact on Asian countries in their FTA negotiations with the EU. This article analyses the key features of the investment court system, looking mainly at the CETA, EU-Vietnam ...
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Legal Issues of Economic Integration, 2016
Many would agree that reforms to the existing investor-State arbitration system are necessary, but opinions diverge on precisely what these should be. The European Commission’s proposal is to include an Investment Court System (ICS) in the investment chapters of the European Union (EU) Free Trade Agreements.
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Many would agree that reforms to the existing investor-State arbitration system are necessary, but opinions diverge on precisely what these should be. The European Commission’s proposal is to include an Investment Court System (ICS) in the investment chapters of the European Union (EU) Free Trade Agreements.
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WTO AB as a Model for Other Adjudicatory Bodies—The Case of EU’s Investment Court System
2019The World Trade Organization’s Appellate Body (AB) has over the years served as an important point of reference in the ongoing debate over possibilities of reform of the existing regime of Investor-State Dispute Settlement (ISDS). ISDS, based on arbitration, has been criticized, inter alia, for lack of transparency, insufficient safeguards of ...
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