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

57 Pages Posted: 16 Jul 2014 Last revised: 12 Nov 2014

Gus Van Harten

York University - Osgoode Hall Law School

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Date Written: July 3, 2014

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

Suggested Citation

Van Harten, Gus, Comments on the European Commission’s Approach to Investor-State Arbitration in TTIP and CETA (July 3, 2014). Osgoode Legal Studies Research Paper No. 59/2014. Available at SSRN: https://ssrn.com/abstract=2466688 or http://dx.doi.org/10.2139/ssrn.2466688

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 650 8419 (Phone)

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