Book Description
This paper offers an evaluation of the TTIP Proposal on the introduction of a bilateral investment court system and carries the readers through elements that are seen as positive change, in comparison to the traditional ISDS, and issues that can be considered challenging and less advantageous as reforms. Such positive changes relate to the composition of the investment court, enhanced transparency of proceedings and opening up to third party interventions, all pointing towards an increased institutionalisation of investment disputes, and taking those out from the 'monopoly' of private parties. Nonetheless, the paper points out that (extraterritorial) enforcement challenges may emerge and borrowing of the enforcement regimes under the ICSID and New York Convention may have investment deterrent implications. It also points out that a bilateral appellate mechanism may not be a viable solution to the vexed question concerning the traditional inconsistency and unpredictability of investment tribunals.