If the European Court of Justice applied in Opinion 1/17 the same test it used in Achmea, it would probably conclude that the CETA tribunal is not compatible with EU law.
UNCITRAL Working Group III met in Vienna from October 29 to November 2, 2018 and decided that multilateral reform is desirable to address various concerns regarding ISDS.
The very operational narratives of ICSID arbitrators inculcate an inherent bias towards foreign investors, who are overwhelmingly from European and North America.
New briefing explores potential sources of inconsistency in ISDS, from divergent interpretations of provisions to decisions inconsistent with societal objectives, and the way forward.
The Ukrainian Supreme Court refused recognition and enforcement of the emergency award in Ukraine, based on the grounds that enforcement of the emergency award would be contrary to the public policy of Ukraine