Special guest(s) Archives - international litigation blog
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Special guest(s)

Opinion 1/17 on CETA: Hearing Report

On 26 June 2018, the Court of Justice of the European Union (the CJEU) heard the legal arguments raised by the institutions of the European Union and by some EU Member States in Opinion 1/17 on the compatibility of the Investment Court System (ICS) provided for in the EU-Canada Comprehensive Economic and Trade Agreement (CETA).

As we discussed before, the CJEU is requested to provide an opinion regarding the compatibility of the ICS contained in CETA with respect to: (i) the exclusive competence of the CJEU, pursuant to Article 267 of the Treaty on the Functioning of the European Union (TFEU), to give a binding interpretation of EU law; (ii) the general principle of equality and the practical effect (‘effet utile‘) of EU law; (iii) the right of access to courts; and (iv) the right to an independent and impartial judiciary.

I was unfortunately unable to attend this hearing. However, my friend José Rafael Mata Dona attended the hearing and has kindly provided us with a summary of the main points which were raised.READ MORE

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Exclusive Interview with George A. Bermann (Columbia Law School)

Dear Reader,

As this blog aims at providing fruitful and inspiring thoughts in the field of international litigation and arbitration, I thought that an innovative way to deliver those objectives would be to seek insights and reflection from prominent international litigators and arbitration practitioners.

The first person to have kindly agreed to answer my questions is Professor George A. Bermann.READ MORE

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