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Is there a Need for Investor-State Arbitration in the Transatlantic Trade and Investment Partnership (TTIP)?

7 Pages Posted: 19 Mar 2014  

Jan Kleinheisterkamp

London School of Economics - Law Department; Cornell University - Law School

Date Written: February 14, 2014

Abstract

This short paper analyses the legal arguments forwarded by the European Commission to justify the inclusion of investor-state dispute settlement (ISDS) in the current negotiations with the U.S. on the Transatlantic Trade and Investment Partnership (TTIP), notably U.S. cases that would show deficiencies of the U.S. judicial system that would need to be overcome by ISDS. Also discussed is whether ISDS would be necessary to overcome legal obstacles to ensure that U.S. courts give effect to the substantive investor protection provisions of TTIP. The paper concludes that these concerns are not sufficiently substantiated to show a need for ISDS in TTIP.

Keywords: ISDS, TTIP, international arbitration, investment law, judicial reform

JEL Classification: F13, K33, K40

Suggested Citation

Kleinheisterkamp, Jan, Is there a Need for Investor-State Arbitration in the Transatlantic Trade and Investment Partnership (TTIP)? (February 14, 2014). Available at SSRN: https://ssrn.com/abstract=2410188 or http://dx.doi.org/10.2139/ssrn.2410188

Jan Kleinheisterkamp (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
+44 20 7955 7256 (Phone)

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/jan-kleinheisterkamp.htm

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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