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The TTIP: The largest trade deal in history

As concern mounts over the secrecy and obscureness of ISDS, Jennifer Harvey and Miranda Rushton assess the viability of a proposed investment court system within the TTIP

7 October 2015

Investor-state dispute settlement (ISDS) awards are subject to very limited review by national courts or ad hoc tribunals. With that in mind, the EU parliament has proposed a more robust ISDS clause for inclusion in the Transatlantic Trade and Investment Partnership (TTIP) agreement, which would allow for judicial review of awards.

The European commission has suggested this should be in the form of a new permanent investment court system for TTIP disputes, which would include an appellate court. However, this would mean sacrificing the finality of arbitral awards, which is one of the main attractions of ISDS, and it remains to be seen how the US will react to this suggestion, given the uncertainty it would introduce in disputes referred to the court pursuant to the TTIP.

Divisive negotiations

The TTIP is a series of trade negotiations with the ultimate goal of finalising and implementing, possibly by the end of 2015 bu...

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