Questionnaire on options for a multilateral reform of investment dispute resolution
- Policy field: Trade
- Target group: All stakeholders
- Closing Date: Completed - 15/03/2017
Objective of the consultation
Why we're holding a consultation
In 2014, the EU launched a public consultation on the EU's approach to investment protection and investment dispute settlement in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In that context, some stakeholders pointed to the idea that the reform of the investment dispute settlement system would be best undertaken multilaterally rather than bilaterally.
The idea of multilaterally reforming the investment dispute settlement system has been subsequently supported by the European Parliament and Member States. In its Concept Paper "Investment in TTIP and beyond – the path for reform" of 5 May 2015, the Commission indicated that, in parallel to the reform process undertaken in bilateral EU negotiations, work should be started on the establishment of a multilateral system for the resolution of international investment disputes. In the same vein, the 2015 "Trade for All. Towards a more responsible trade and investment policy" Communication sets as an objective to engage with partners to build consensus for a fully-fledged, permanent international investment court in order to develop a coherent, unified and effective policy on investment dispute resolution.
A number of concrete proposals for such multilateral reform have emerged in recent years. Simultaneously, the idea of a multilateral reform of the investment dispute settlement system is being discussed in several third countries and international organisations dealing with investment, such as UNCTAD, the OECD, UNCITRAL and the World Bank.
This public consultation aims to gather views on the EU's current policy on investment dispute resolution and possible options for multilateral reform, including the possible establishment of a permanent Multilateral Investment Court. It builds on the Inception Impact Assessment published by the Commission on 1 August 2016. The results of this public consultation will feed into the Impact Assessment report that the Commission services are currently preparing concerning options to engage in multilateral reform of the international investment dispute resolution system.
The Commission would welcome your input and comments on these questionnaires by 15 March 2017. For any question please send an e-mail.
- More on the Multilateral investment court project
- Inception Impact Assessment
- European Parliament's Report of the INTA Committee containing the European Parliament’s recommendations to the European Commission on the negotiations for the TTIP
- Concept Paper "Investment in TTIP and beyond – the path for reform"
- Communication "Trade for All. Towards a more responsible trade and investment policy"
- More on dispute settlement in international trade