Comments on the European Commission’s Approach to Investor-State Arbitration in TTIP and CETA

Abstract

The paper provides a detailed response to the European Commission's proposed approach to investor-state arbitration in the Transatlantic Trade and Investment Partnership (TTIP). It offers a general response followed by detailed replies to substantive and procedural questions posed by the Commission. Overall, it characterizes the Commission's proposed approach in the TTIP and in the Canada-EU Comprehensive Economic and Trade Agreement (CETA) as having taken positive steps to address the lack of openness in investor-state arbitration but as having failed to address the lack of judicial independence, lack of procedural fairness, and lack of balance in the allocation of rights and responsibilities in investor-state arbitration.

Keywords: European Commission, TTIP, CETA, investment, investor, arbitration