Resolution of Investment Disputes under the TTIP with Regard to the Principles of Independence, Impartiality, and Qualifications of the Court and its Judges

Abstract

The article provides for the judicial analysis of how a typical ISDS mechanism, as well as the ICS under the draft texts of TTIP, complies with all the provisions of the principles of independence, impartiality and qualification of the court and its judges, established under ALI/UNIDROIT Principles of Transnational Civil Procedure, which were adopted by the American Law Institute (ALI) in May 2004 and by the International Institute for the Unification of Private Law (UNIDROIT) in April 2004. These are the following provisions: judicial independence, impartiality of the court and its judges, reasonable tenure in office, transparency, substantial legal knowledge and experience.