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Publications

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

TTIP: The French Proposal For A Permanent European Court for Investment Arbitration

On 2 June 2015, the French Minister of Foreign Trade, Matthias Fekl, submitted to the European Commission a proposal regarding the Investor-State dispute settlement (ISDS) mechanism included in the project for a Transatlantic Trade Investment Partnership between the US and the EU (TTIP). The French Proposal is one further addition to the hot debate on the issue. The French proposal purports to address the main causes of public mistrust towards investor-State arbitration: the alleged restriction of States’ general regulatory power, conflicting awards, lack of transparency, arbitrators’ conflicts of interest, as well as a most novel but most controversial proposal regarding the constitution of a permanent European court to handle investment arbitrations against the EU or a EU member State. This article examines the technicalities and effects of setting up such novel institution, and concludes that the establishment of an EU Permanent Court appears to raise as many issues as it purports to resolve.