Author: Nikos Lavranos

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ECJ green light to CETA investment court gives EU free rein on global stage

On Tuesday (April 30), the European Court of Justice (ECJ) issued its long-awaited opinion on the question raised by Belgium whether the investment court system (ICS), which encompasses a tribunal and appellate tribunal, is compatible with EU law. The approval of the ECJ not only removes the remaining obstacle for …

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ISDS reforms: Multilateral Investment Court faces resistance but specific reform processes get rolling

At its last meeting in New York UNCITRAL Working Group III on reforms of investor-state dispute settlement pushed back on proposals for an EU-sponsored multilateral investment court (MIC). But participants managed to agree to continue working on a general approach to reforms and to specific changes. More than 100 governments …

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Analysis: Even the EU cannot be fully consistent on investment protection in FTAs

The EU’s international investment protection policies are not 100% consistent, Nikos Lavranos concludes after examining the relevant chapters of the bloc’s trade agreements with Vietnam and Singapore and CETA. The perceived inconsistency in existing bilateral investment agreements and the jurisprudence of international arbitral tribunals established under those BITs have been …

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Multilateral investment court: State of play at the UN

The UNCITRAL-hosted reform process of investor-state dispute settlement launched last November in Vienna is dominated by the EU, Canada and Mauritius. It is a process driven by governments and less by experts, with countries like the US and Japan finding themselves in a minority. Nikos Lavranos reports back on a …