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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

Fit for purpose? The EU’s Investment Court System

  • Article Summary: The European Union introduced the Investment Court System (ICS) as a permanent bilateral mechanism to replace traditional investor-state dispute settlement (ISDS) in international trade agreements. The analysis examines key structural features of the ICS, including a standing roster of publicly appointed judges, an explicit appellate mechanism, and enhanced transparency standards. These institutional reforms aim to address public concerns regarding arbitrator independence, consistency, and legitimacy in treaty disputes.
  • Kluwer Arbitration Blog

On 12 November 2015, in the context of its negotiations for the Transatlantic Trade and Investment Partnership (TTIP) and in a bid to address growing criticism of investment treaty arbitration, the European Commission made a formal proposal for a reformed approach to investment protection and an apparently more transparent system for the resolution of investment disputes. To that end, the Commission suggested, amongst other things, the establishment of a permanent court to hear investment disputes (the “Investment Court”). The Investment Court aims to safeguard states’ right to regulate and create a court-like system with an appeal mechanism based on clearly defined rules, with qualified judges and transparent proceedings.