ISDS

Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

The European Commission (EC) has launched a new public consultation on the EU’s investment dispute resolution policy along with the options for multilateral reform, including the possible establishment of a permanent multilateral investment court.

The EC is now calling for comments on its most recent proposals, urging members of the mediation, conflict management and dispute resolution community to participate in the process. Read more

Posted by Natasha Mellersh in GPC, News
Investor-State Mediation: Not Whether, Or Even When, But How

Investor-State Mediation: Not Whether, Or Even When, But How

It has long been suggested that public bodies are antagonistic to negotiating settlements with private investors. The supposed, underlying rationale is that government officials are reluctant to be seen as compromising the interests of the state, meaning that negotiating is unacceptable. The recently published International Mediation Institute Investor-State Mediation Criteria challenge that assumption.

There is a kernel of truth to every generality. State representatives are indeed appropriately sensitive to the political realities surrounding negotiation and settlement. However, truth be told, states the world over are, in fact, readily entering into negotiated settlements for differences and disputes with investors. Moreover, negotiated settlements are being reached not only for little disputes but also for very large ones. Read more

Posted by GPC Series in GPC, News
Some Thoughts On CETA

Some Thoughts On CETA

High drama this week, with CETA, the Comprehensive Economic and Trade Agreement between Canada and the EU, first blocked by the Walloons, and then rescued following some marathon diplomacy (or inconsequential fudge, depending on your perspective). Had the Walloon parliament voted against the agreement, Belgium would have been prevented from agreeing to it, thus the unanimous agreement of EU states needed to sign would have failed, and so would the ratification of the deal. Read more

Posted by Peter Boyle in GPC, Opinion
Ask An Expert: Paul Key QC

Ask An Expert: Paul Key QC

New Zealand born Paul Key QC, an international arbitration specialist at Essex Court Chambers in London, discusses innovation, challenges and new trends in dispute resolution.

 What is your role in dispute resolution?

I am a barrister based in London. I work as an advocate and as an arbitrator in international commercial arbitrations and investment treaty arbitrations. I also do court work, largely (though not exclusively) related to arbitral disputes.

The disputes in which I am involved usually have some high-value and cross-border commercial aspect to them. My clients are typically large commercial entities, states and very high net-worth individuals. Like most people who do this work, my work as an advocate involves work for both claimants and respondents. The arbitrations in which I am involved take place in various places around the world (e.g. New York, Geneva, Singapore, Vienna and Sydney) and my work involves frequent travel. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
Secrets of a Global Super Court – A Second Look

Secrets of a Global Super Court – A Second Look

Regardless if you see it as being catastrophic or simply weird, for many and varied reasons, 2016 looks set to be a most memorable year. For arbitration lawyers, it could be marked as the year in which investor-state arbitration became a talking point. How do we know this? Well, because 2016 was the year in which BuzzFeed – otherwise known for pop culture, listicles, and lots and lots of cats – published a four part series on investor state dispute settlement (ISDS), entitled Secrets of a Global Super Court.

Amplifying the sense of injustice suggested by the title, the article opens with an invitation to “Imagine a private, global super court that empowers corporations to bend countries to their will. Read more

Posted by GPC Series in GPC, Opinion