Investment

The ECJ concluded that CETA contains sufficient safeguards to ensure the independence of the judges of the CETA tribunals
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ECJ green light to CETA investment court gives EU free rein on global stage

On Tuesday (April 30), the European Court of Justice (ECJ) issued its long-awaited opinion on the question raised by Belgium whether the investment court system (ICS), which encompasses a tribunal and appellate tribunal, is compatible with EU law. The approval of the ECJ not only removes the remaining obstacle for …

Mauritius is determined to continue to drum up support for the MIC proposal
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ISDS reforms: Multilateral Investment Court faces resistance but specific reform processes get rolling

At its last meeting in New York UNCITRAL Working Group III on reforms of investor-state dispute settlement pushed back on proposals for an EU-sponsored multilateral investment court (MIC). But participants managed to agree to continue working on a general approach to reforms and to specific changes. More than 100 governments …

Analysis: Even the EU cannot be fully consistent on investment protection in FTAs
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Analysis: Even the EU cannot be fully consistent on investment protection in FTAs

The EU’s international investment protection policies are not 100% consistent, Nikos Lavranos concludes after examining the relevant chapters of the bloc’s trade agreements with Vietnam and Singapore and CETA. The perceived inconsistency in existing bilateral investment agreements and the jurisprudence of international arbitral tribunals established under those BITs have been …

Commentary: Italian populists are falling into line with EU on trade
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Commentary: Italian populists are falling into line with EU on trade

Early fears that Italy’s populist government would block the EU’s trade agreement with Canada have proven unwarranted. Despite Trump-style rhetoric and ‘Italy first’ approaches, the populist government in Rome seems to have fallen in line with other EU governments on trade since taking power six months ago. The government is split …

Beyond Brussels: US Section 301 report highlights on China
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Beyond Brussels: US Section 301 report highlights on China

The latest US report detailing Chinese policies involving the transfer of technology, intellectual property and innovation is full of “groundless accusations”, according to China’s Ministry of Commerce. The update, which stems from the Trump administration’s Section 301 investigation, was released a day after the US proposed stepping up scrutiny of …