Investment Disputes under CETA: from Gold Standards to Best Practices?

Luca Pantaleo

2017-01-01

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Abstract

This article examines the dispute settlement mechanism established under the Com- prehensive Economic and Trade Agreement (CETA) between the European Union and Canada. The mechanism in question is compared to other existing arbitral tribu- nals, such as those established under national BITs of EU Member States, and those adopted by the United States and Canada in their respective model BIT. NAFTA is also used as a term of comparison. The paper argues that in light of the innovations introduced by CETA, the latter creates a very advanced and carefully drafted system.