The CETA: Simplifying International Investment Arbitration

by Eric van Eyken (B.A, B.C.L. / LL.B (McGill), LL.M. (Miami – Young ICCA Scholar))

The near final text (1 August 2014) of the Canada-EU Trade Agreement (CETA) is being circulated in Brussels (and leaked on the internet thanks to the German news service Tagesshau). A reading indicates that the CETA attempts to increase the accessibility of international investment arbitration. The CETA resolves current ambiguities regarding the meaning of standard provisions such as FET (Fair and Equitable Treatment) and arbitral pre-conditions. Given indications that the EU plans to use the text as a model for further trade negotiations with countries such as the United States, the CETA is relevant not only for European and Canadian international arbitration practitioners, but also to the global community.
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