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There are major concerns in the EU in relation to the investor-state dispute settlement (ISDS) provisions associated with investor protection agreements. ISDS relies on a legal framework of arbitration that is separate from domestic courts. This analysis provides an overview of ISDS cases involving current EU Member States. The main finding is that, on average, nearly 16 % of claimed amounts translate into (known) compensation in cases involving current EU Member State respondents. Nearly a third ...

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 EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

L'Organizzazione mondiale del commercio (OMC) lavora per garantire un sistema commerciale internazionale fondato su un insieme di regole. Malgrado la situazione di stallo dei negoziati del ciclo di Doha per lo sviluppo, si stanno esaminando nuovi modi per affrontare le sfide commerciali globali. L'accordo sull'agevolazione degli scambi del 2013 apre la strada a nuovi sviluppi delle norme commerciali dell'OMC. Conformemente al trattato di Lisbona, il Parlamento esercita il potere legislativo congiuntamente ...

After a public consultation on proposed reforms to investment protection and the investor-dispute settlement framework of the Transatlantic Trade and Investment Partnership (TTIP) with the United States of America, the European Parliament requested the replacement of the traditional arbitration framework with a new court system. The European Commission and Canada subsequently renegotiated the relevant provisions of the Comprehensive Economic and Trade Agreement (CETA) to establish a new investment ...

Under international public law, states can be asked to compensate investors whenever regulatory measures become expropriation measures or violate standards of treatment, such as the 'fair and equitable treatment of investors' obligation. The EU-Canada Comprehensive Economic and Trade Agreement (CETA) takes a relatively restrictive approach to these investor rights.

The EU-Canada Comprehensive Economic and Trade Agreement (CETA), signed in October 2016, is currently at the ratification stage. This agreement, concluded between like-minded trade partners, represents the new generation of EU free trade agreements (FTAs), and contains chapters covering sustainable development. The inclusion by the EU of sustainable development chapters in FTAs concluded with its partners plays a role in ensuring that trade and investment liberalisation does not lead to a deterioration ...

EU-Canada negotiations for a Comprehensive Economic and Trade Agreement (CETA) started in May 2009 and were declared concluded at the EU-Canada Summit on 26 September 2014. The agreement's overall aim is to increase flows of goods, services and investment to the benefit of both partners. For the EU, CETA represents the first comprehensive economic agreement with a highly industrialised Western economy. Except for a few sensitive agricultural products, the agreement would remove practically all tariffs ...

EU-Canada negotiations for a Comprehensive Economic and Trade Agreement (CETA) were declared concluded in September 2014. Except for a few sensitive agricultural products, CETA would remove practically all tariffs on goods exchanged between the two partners, and create important new market opportunities in, among others, financial services, telecommunications, energy and maritime transport, while reserving the parties' right to regulate their internal public affairs. Canada would substantially open ...