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11 February 2021

THE EU AND CANADA ADOPT PROCEDURAL RULES FOR THE CETA INVESTMENT COURT SYSTEM

28 November 2019

European Commission issues procedural proposals for the Investment Court System envisaged under CETA

In October 2019, the European Commission (the "Commission") presented four proposals (the "Proposals") to the Council of the European Union (the …

23 May 2019

CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW

01 February 2019

Advocate General finds that CETA's "Investment Court System" is compatible with EU law

One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for …

21 December 2016

CETA UPDATE: CETA is signed; Provisional application of CETA and Brexit; First government-to-government meeting to discuss establishing the multi-lateral investment court system

On 30 October 2016, the EU and Canada signed the Comprehensive Economic and Trade Agreement (the CETA).  As explained in our blog post here, the …

02 March 2016

"Legal scrubbing" of the CETA results in adoption of an Investment Court System for resolving Investor-State disputes: a clear signal to the US for the TTIP negotiations?

On Friday 26 September 2014, after five years of negotiations, the EU and Canada released the agreed text for the Comprehensive Economic Trade Agreement …

14 November 2014

NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment

In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven …

02 October 2014

Long-awaited EU-Canada trade agreement agreed - a blueprint to set the standard for future investment protection?

On Friday 26 September, after five years of negotiations, the EU and Canada agreed in principle to a text for the Comprehensive Economic Trade Agreement …

19 May 2014

Europe consults on investment protection and ISDS in the TTIP

The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) …

13 December 2013

A matter of class: the spectre of class action arbitration in consumer product disputes

Class arbitrations have primarily been viewed as an instrument of the US legal system. However, given the international capability and procedural …