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.
