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With little public discussion, Canada agreed to substitute an investment tribunal for investor-state arbitration in the Canadian-European Union Comprehensive Economic and Trade Agreement (CETA) text in early 2017. In December 2017, again without much public discussion, Canada agreed to support the European Union in its international efforts to promote the creation of a multilateral investment court (MIC). This has happened at the same time that Canada has signed on to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

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Global

Canada, EU push for new investment court as other countries shy away

By Armand de Mestral      

With Canada leading the charge to make a major change in the international law governing foreign-investment protection, surely this should be debated in Parliament. Yet, we hear crickets.

Then-trade minister Chrystia Freeland speaks with Martin Schulz, then-president of the European Parliament, about the Canada-European Union free trade agreement in October 2016. To clinch the deal, Canada and the EU agreed to adjudicate disputes through a multilateral investment court instead of the investor-state dispute settlement mechanism used in traditional trade deals. Melanie Wenger photograph courtesy of the European Union
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