Implementation Issues of Investor-State Arbitration: The Move to the Investment Court System in CETA

Abstract

This thesis examines the implementation issues that the CETA investor-state court system could be experiencing in the future. The investor-state chapter of the agreement between the European Union and Canada relies on the already existing ICSID and New York Convention framework for procedures and implementation. This thesis, however, argues that neither the ICSID and the New York Convention, nor the implementation provisions inter partes in the CETA agreement are currently sufficient to guarantee enforcement for Canadian investors. Both signatory states would substantially benefit from clarifying the approach that will be taken to ensure awards will be abided by to ensure a trustworthy and reliable investor-state dispute settlement mechanism under CETA.