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Tag Archives: investment arbitration

CETA paves the way for Investment Court System

After seven years of negotiations, the European Union (EU) and Canada signed the Comprehensive Economic and Trade Agreement (CETA) on 30 October 2016. One innovative yet controversial aspect of CETA is the establishment of an international court to resolve investor-State disputes under the Agreement. As a result of demands by Belgium’s regional Walloon government, which previously threatened to block the Agreement, the introduction of this court has been deferred until the Court of Justice of the EU determines its compatibility with EU law.  Nevertheless, CETA marks the first time that

The brave new world of EU foreign investment policy

Since the Treaty of Lisbon entered into force more than four years ago, the EU has exclusive competence to conclude agreements covering foreign direct investments with third States.  Until then, EU Member States had concluded around 1,400 investment agreements with third States.  Slowly but surely the EU’s foreign investment policy begins to take shape and it is not all good news for foreign investors. Importantly, however, a regulation of 12 December 2012 clarified the principle that investment agreements by EU Member States with third States remain in force.  Thus, for