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The Council of the EU has authorised the European Commission to represent the EU and its Member States in the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and host states in relation to international investment agreements, and relies on arbitration procedures. The system has ...

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual ...

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

Every year, 1 million small businesses in the EU face problems with collecting cross-border debts, and as much as €600 million in cross-border claims are never satisfied. Domestic orders for payment, which exist in many Member States, are an effective tool for the collection of domestic debts, but often are not practical for cross-border use. Therefore, in order to supplement the existing national measures, the EU legislature has created a European Order for Payment procedure which is available for ...

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a number of coordination instruments (regulating conflicts of jurisdiction and mutual recognition) and created two autonomous EU civil procedures, including ...

The briefing paper presents rationale and relevance of collective redress schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress ...

Executive summary Effective dispute settlement is regarded as one of the means of enhancing consumer confidence in cross-border purchases over the Internet. Yet a recent Eurobarometer survey1 shows that 41% of people who launched a formal complaint concerning cross-border purchases were not satisfied with the way their complaint was handled. Rather than going to the courts or elsewhere for settlement, most dissatisfied consumers took no further action, and only 6% brought the matter to an arbitration ...

Following the fall of the Berlin Wall and the upheavals experienced by the countries of central and eastern Europe, data with regard to population movements have changed completely. How does this new order look? How have the movements occurred? What are the problems which are arising in these six countries associated with the Union?