Europe’s international arbitration professionals are digesting and debating the EU’s idea of an international investment court to replace arbitration. Insights into the internal debate by Iana Dreyer.
Tag: ISDS
Interview: EU international investment court idea: 3 questions to Lauge Poulsen
Lauge Poulsen, Assistant Professor in International Political Economy at University College London, tells us what he thinks of the EU’s proposal to establish an international investment court system (ICS) to replace private arbitration to settle disputes between investors and host states. The EU is notably proposing such a system to …
ISDS: can the EU’s international investment court revolution succeed?
The EU is trying to revolutionise the international investment protection order with its new proposal to establish an international investment court – ICS – to adjudicate conflicts between international investors and host states. Starting a revolution is no small feat, and needs a lot of strategising, organising, and a competent, agile, avantgarde. Whereas the …
Blog: So Philip Morris loses its ISDS case against Australia
Much ado about nothing? The TPP has a tobacco carve-out, the EU wants an investment court, campaigners are still saying ISDS is the incarnation of Evil on Earth. All this among others because Philip Morris brought a claim against Australia which is trying to clamp down on smoking, among others …
Brussels moves against intra-EU investor-state arbitration raise Energy Charter dilemmas
The Commission is stepping up efforts to root out intra-EU international investment arbitration. Yet doing so for Energy Charter Treaty-based cases raises dilemmas for a body that wants to promote the agreement globally but sees support for the text dwindling at home, as seen with Italy’s recent outright pull-out. By Iana Dreyer.
BLOG: EU & ISDS: Are investor-state tribunals really ‘private’?
Are investor-state investment arbitration tribunals ‘private’ justice, or private “corporate tribunals”? Whatever one thinks of the merits of ISDS or lack thereof, this frequently-aired view is wrong. Also the often-heard argument that in Europe investor-state arbitration tribunals are out of control of EU law is questionable. By Iana Dreyer
Commission launches infringement proceedings against 5 EU members for keeping BITs
Blog: International investment arbitration – Intra-EU, Energy Charter cases, investors rebutted three quarters of time
The EU Parliament has descended into acrimony over investment arbitration by postponing a vote and a debate on TTIP yesterday. While we leave the politicians to their squabbles, let’s have a fresh look at the reality of investment arbitration cases. Recent data provided by the International Centre for the Settlement of Investment Disputes, …
ISDS: Paris proposals for a permanent international investment arbitration court
This week Paris sent a seventeen page document to the EU Commission in which it outlines its ideas for reforming investor-to-state arbitration in future EU trade and investment agreements. The proposals add some flesh to the general – and vague – idea brought forward by the EU Commission last month for a permanent investment court. …
Blog: French and German governments on COM ISDS proposals & Berlin call for priority to national courts
Quick views on how France and in particularly Germany have responded to this week’s proposals from Brussels on how to address investor-to-state disputes in TTIP. By Iana Dreyer.
