Results 221 to 230 of about 8,316 (255)

International Investment Court System: The Future of Investment Dispute Settlement?

2021
The paper is concerned with examining the texts of the Investment Protection Agreements concluded by the European Union, for the purpose of addressing some of the issues created by the shortcomings of the texts. Focus is given to the provisions related to the Investment Court System established under the respective agreements.
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From Arbitration to the Investment Court System (ICS): Comparing CETA, EVIPA, and TTIP

2020
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ISDS Reform: Analysis on Establishing a Multilateral Investment Court System

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 2021
The idea of establishing an appeal mechanism for Investor-State Dispute Resolution (ISDS) awards is not novel. Currently, the United Nations Commission on International Trade Law Working Group III (WG III) is discussing potential reform of the ISDS system, including an appeal mechanism and a Multilateral Investment Court (MIC) system. This
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The EU's Investment Court System and Prospects for a New Multilateral Investment Dispute Settlement System

SSRN Electronic Journal, 2017
The EU’s proposal to establish a new Investment Court System during the TTIP negotiations has well represented the cumulative resentment of the public, governments, civil societies as well as academics in regard to the existing ISDS mechanism. Such issues as the lack of legitimacy, transparency, consistency, the absence of a review mechanism, and the ...
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Assessing the Rules of Appointing Arbitrators under the EU’s Investment Court System

European Review, 2019
In recent years investor–state arbitration has faced a number of criticisms, such as the pro-investor allegation, the lack of transparency and the regulatory chilling effect. In 2015, the EU proposed an Investment Court System (ICS) in the investment chapter of the Transatlantic Trade and Investment Partnership negotiated between the EU and the US ...
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Hold on to Your Hat! Issue Conflicts in the Investment Court System

The Law & Practice of International Courts and Tribunals, 2018
Abstract 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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Implementation Issues of Investor-State Arbitration: The Move to the Investment Court System in CETA

SSRN Electronic Journal, 2018
This 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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Will the EU’s Proposal Concerning 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

Journal of International Economic Law, 2016
Both the November 2015 EU Commission proposal for Investment Protection and Resolution of Investment Disputes in the EU-US Transatlantic Trade and Investment Partnership (TTIP) as well as the revised February 2016 version of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) contain an investment court system (ICS) which is a two-tier ...
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WTO AB as a Model for Other Adjudicatory Bodies—The Case of EU’s Investment Court System

2019
The 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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Systém Investičního Soudu: Překotný Rozchod Evropské Unie S Investiční Arbitráží (Investment Court System: European Union's Abrupt Divorce with Investment Arbitration)

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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