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ARTICLE · 09 FEBRUARY 2021

Canada And EU Move Closer To A CETA Investment Court

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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The decision adopted on January 29, 2021, provides that the Appellate Tribunal will be composed of six members – including at least two members who are not Canadian or EU member state nationals.

CanadaLitigation, Mediation & Arbitration
Iris Antonios
Iris Antonios
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On January 29, 2021, Canada and the European Union (EU) adopted four decisions related to the investor-state dispute resolution body established under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) which move the parties one step closer to a fully fledged "investment court" system for the adjudication of investor-state disputes.

BACKGROUND

As described in the September 2017 Blakes Primer on the Canada-European Union Comprehensive Economic and Trade Agreement, CETA contains a unique "investment court" model of investor-state dispute resolution. While CETA entered into provisional application in September 2017, most of Chapter Eight (Investment), including the dispute resolution provisions, is not yet in force. These provisions will only come into force once CETA is ratified by every EU Member State (to date only 15 out of 27 EU member states – not including the United Kingdom – have given notice of ratification).

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