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Publications

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

The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?

On 12 November 2015, the European Commission rendered public and put on the negotiation table with the United States a proposal regarding the investment chapter of the draft Transatlantic Trade and Investment Partnership between the EU and the US (TTIP). The text contains tentative remedies for major current criticisms against investment arbitration: the restriction of States’ general regulatory power, the expansion of frivolous claims, the lack of transparency, the existence of conflicting awards and the appointment of arbitrators who are in conflict of interest situations. The remedy for the two latter criticisms is the establishment of a permanent court to hear investment disputes. This post points to the main innovative features of the EU Proposal's investment chapter concerning investment protection and dispute resolution.