TTIP

The End Of Free Trade?

The End Of Free Trade?

With the fallout from the recent US election, many are feeling uneasy about the year ahead. Rising nationalism in Europe, along with a growing protectionist trend towards international trade are certainly a cause for concern. Read more

Posted by Natasha Mellersh in GPC, Opinion
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
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