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Legal Issues of Economic Integration, 2022
On 30 December 2020, the European Union (EU) and China agreed in principle to a revamped investment treaty: The Comprehensive Agreement on Investment (CAI). Notably, the EU and China have not decided which investment dispute resolution system will be included under the new agreement.
Xueliang Ji, Julien Chaisse
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On 30 December 2020, the European Union (EU) and China agreed in principle to a revamped investment treaty: The Comprehensive Agreement on Investment (CAI). Notably, the EU and China have not decided which investment dispute resolution system will be included under the new agreement.
Xueliang Ji, Julien Chaisse
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Assessing the Normative Legitimacy of Investment Arbitration: The EU’s Investment Court System
New Political Economy, 2017The inclusion of an investment chapter in the Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and Investment Partnership (TTIP) has encountered significant opposition, especially in relation to Investor-State Dispute Settlement (ISDS).
Lisa Diependaele +2 more
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Global Trade and Customs Journal, 2021
The Investment Court System (‘ICS’) included in the European Union (‘EU’)’s recent investment and trade agreements provides for the creation of a permanent first instance tribunal (‘First Instance Tribunal’) and an appellate tribunal (‘Appeal Tribunal’) drawn from a pre-selected roster of tribunal members.
Lucy M. Winnington-Ingram, Jin Woo Kim
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The Investment Court System (‘ICS’) included in the European Union (‘EU’)’s recent investment and trade agreements provides for the creation of a permanent first instance tribunal (‘First Instance Tribunal’) and an appellate tribunal (‘Appeal Tribunal’) drawn from a pre-selected roster of tribunal members.
Lucy M. Winnington-Ingram, Jin Woo Kim
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International Investment Court System: The Future of Investment Dispute Settlement?
2021The 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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ISDS Reform: Analysis on Establishing a Multilateral Investment Court System
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 2021The 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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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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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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The legitimacy crisis of investor-state arbitration and the new EU investment court system
Review of International Political Economy, 2019In response to the ongoing legitimacy crisis of investor-state arbitration, the European Union (EU) developed a new model of investor-state dispute settlement (ISDS) that replaces international arb...
Thomas Dietz +2 more
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Assessing the Rules of Appointing Arbitrators under the EU’s Investment Court System
European Review, 2019In 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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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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